2014 QCCQ 15198, 2014 QCCQ 15198

Protection de la jeunesse — 142987 2014 QCCQ 15198 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division Nos.: 640-41-001746-145 and 640-41-001747-143 DATE: July 17, 2014 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2004 Y, born on […], 2003 MRS SOCIAL WORKER 1, youth protection worker, duly authorized by the Director A, A town, Quebec, District A Applicant and MRS A, residing and domiciled in A town, Quebec, District A Mother and MR B, residing and domiciled in A town, Quebec, District A Father ______________________________________________________________________ JUDGMENT (sections 38 and 91 YPA, CQLR 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 YPA). [ 1 ] Mrs SOCIAL WORKER 1, delegate of the Director of Youth Protection A, asks the Court to declare the security and development of X , 10 years old, and Y, 11 years old, in danger with regard to

section 38 (b) (1) (iii) and (

c) of the Youth Protection Act. [ 2 ] The parents and the children are present at the hearing, assisted by Me Clara Egervari and Me Aubrée Coutanson. Me Suzanne Arpin represents the applicant. [ 3 ] The parties admitted many allegations and acknowledged that the security and development of X and Y were in danger. The evidence showed the following facts. [ 4 ] The parents consume abusively drugs and alcohol and leave their children without suitable supervision. The parents argue often and yell at each other.

It occurred in front of the social worker on March 26, 2014 while they were signing a provisional agreement for the placement of the children. Few days after, when the social worker went to the parents' place to inform them about their visitation rights, the father was consuming alcohol. Even if he declared he was sorry for drinking, he did not make any step to stop. [ 5 ] On April 5 and 6, the children's visit was shorter because of the parents' consumption. On April 13, it occurred again.

The parents returned their sons earlier to the foster family because they drank the night before. [ 6 ] The mother refused to receive their sons because she had a black eye, having been involved in a fight. [ 7 ] The children are tired of the parents' problems.

They want them to receive help and they were refusing at first, to go back with the parents. [ 8 ] The children are troubled because they denounce the parents' behaviour even if they care for them. [ 9 ] Considering the abuse of alcohol and drugs by the parents, their neglect towards the children and the impact of their behaviour on the children, the Court declares the security and development of Y and X in danger. [ 10 ] For the applicable measures inquiry, the Court heard the testimonies of the father, the mother and the social worker. A social

study was filed. [ 11 ] Considering that the parents remain sober since the children's placement, that they have good parenting capacities when they are sober and that they have capacities to change their way of living, the social worker recommends that the children be maintained with them. The parents will be obliged to attend therapy and meet regularly with the social worker. [ 12 ] The father realizes that he has to change his way of life if he wants to have his children with him. He already completed the application to attend treatment.

Because he acknowledges that his children suffered from his major alcohol problem and his spouse's problem with drugs, he choose a centre where the children may accompany and participate in workshop. [ 13 ] Even though the parents do not trust social services because they fear lack of confidentiality that may affect their jobs as educator, they agree to collaborate with a social worker and meet with him regularly. [ 14 ] Considering the evidence and the agreement of the parties, FOR THESE MOTIVES, THE COURT: [ 15 ] DECLARES the security and development of X and Y in danger; [ 16 ] REMAINS the children X and Y with the parents to the following conditions; 16.1.

That the parents abstain from drugs and alcohol in the presence of the children and do not let any person consume drugs or alcohol in their presence; 16.2. That the parents attend a therapy in detoxification in a delay of three months; 16.3.

That the parents meet regularly the social worker and collaborate with him; [ 17 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the children and the parents for a period of six months; [ 18 ] ORDERS the parents to meet the NNADAP worker before attending detoxification treatment, and after, as recommended; [ 19 ] ENTRUSTS the children's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Suzanne Arpin Attorney for the applicant Me Clara Egervari Attorney for the parents Me Aubrée Coutanson Attorney for the children Date of hearing: May 28, 2014