2016 QCCQ 6594, 2016 QCCQ 6594

Protection de la jeunesse — 162764 2016 QCCQ 6594 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 640-41-001978-169 DATE: May 3 rd 2016 ______________________________________________________________________ PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X Child [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A Applicant and A, residing and domiciled in Town A, Quebec, district A Mother and B , residing and domiciled in Town A , Quebec, district A Father ______________________________________________________________________ JUDGMENT (

Section 38 Youth Protection Act , R.S.Q. c. P-34.1) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection submits that the security and development of the child, X, are in danger. [ 2 ] The Court proceeded through a common hearing for all the children of the family on May 6 th 2016. [ 3 ] The father was represented by a lawyer. He had chosen not be present in Court. His lawyer admits on his behalf some of the alleged facts and tells us that his client agrees that the measures proposed by the Director be ordered. [ 4 ] The mother was absent.

The first scheduled date for the hearing was May 5 th 2016. The mother had already received notification of this appearance. She was again reminded last week of the hearing date. [ 5 ] On May 5 th 2016, the mother was absent. The social worker made some verification during the morning of May 5 th 2016 at five different houses where the mother could have been. She was finally located in the afternoon but the transport vehicle could not reach her house because of the conditions of the roads. The mother lives in Town A.

The Court house is in the same community. [ 6 ] A social worker went to locate the mother on the morning of May 6 th 2016. The mother was found but was highly intoxicated. The social worked needed twenty minutes only to wake her up. The mother was mad, was shouting and trying to hit the social worker. The mother was not in a state to come to Court. [ 7 ] The mother had the responsibility to take action to be present in Court either on May 5 th 2016 or on May 6 th 2016.

She knew the Court had to make an enquiry upon her children’s situation. [ 8 ] The children all live in foster care on the same street where the mother lives. [ 9 ] The mother is met every week by social workers. [ 10 ] She recognizes that she needs help and understands why her children need foster care.

[ 11 ] The children don’t seem to be traumatized by their parents’ abuse of alcohol and disorganized behaviours, but their development can be handicapped if they were to always live with their parents. FOR ALL THESE REASONS, THE COURT: [ 12 ] GRANTS the motion; [ 13 ] DECLARES that the security and development of the child, X, are in danger; [ 14 ] ORDERS that the child be entrusted to a foster family, chosen by the institution operating a child and youth protection centre with a possible reintegration with the parents if the situation allows it; [ 15 ] ORDERS that the parents take an active

part in the application of the measures; [ 16 ] ORDERS that the parents report in person at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 17 ] ORDERS that the parents remain sober in the presence of the child; [ 18 ] ORDERS that the parents remain without any violent behaviour in the presence of the children; [ 19 ] RECOMMENDS that the parents seek help through social services concerning their alcohol and conjugal issues; [ 20 ] ORDERS that the contacts between the child and the parents be determined by the Director of Youth Protection as to the modalities, the frequency and the degree of supervision; [ 21 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child, the family and the foster family; [ 22 ] ORDERS the police to collaborate to the execution of the enactment; [ 23 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection for the execution of the measures; [ 24 ] THE WHOLE until April 30 th 2017. __________________________________ JEAN GRAVEL, J.Q.C.

Mtre Donald Bourget, Attorney for the applicant Mtre Yan Massé, Attorney for the child Mtre Angèle Tommasel, Attorney for the mother Mtre Marie-Claude De Gagné, Attorney for the father