2016 QCCQ 10945, 2016 QCCQ 10945

Protection de la jeunesse — 164781 2016 QCCQ 10945 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division Nos.: 635-41-000712-163 and 635-41-000713-161 DATE: August 15, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2000 Y, born on […], 2004 MR [SOCIAL WORKER], youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A, Quebec, District A Applicant and MRS A, residing and domiciled in Town A, Quebec, District A Mother and MR B, residing and domiciled in Town A, Quebec, District A Father ______________________________________________________________________ JUDGMENT (Sections 38, 75 and 91 YPA, RSQ 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 ] The Director of Youth Protection of the A C.Y.P.C. asks the Court to declare the security and development of X, born on […], 2000, and Y, born on […], 2004, in danger with regard to

section 38 (b) (2), (

c) and (

f) of the Youth Protection Act. [ 2 ] At the hearing, the mother is absent, and the father, also absent, is represented by Me Marie-Claude De Gagné. Me Cassandra Neptune represents the children and Me Geneviève Apollon the applicant. [ 3 ] The proof that the security and development of the two youth are in danger is made with the admissions of the children and the father, medical reports and an occurrence report by the police. [ 4 ] It is proved that at the beginning of June 2016, X tried to commit suicide on many occasions, having lost a friend by suicide on December 2015.

Since, the youth is emotionally fragile. She was hospitalised on June 8 and released on June 9, 2016 to the care of her mother. [ 5 ] But the mother has problems with alcohol consumption and is often intoxicated. [ 6 ] The youth reported that after telling the mother she wanted to kill herself, the mother would have told her to do it. The youth does not approve the way her mother behaves nor her way of life. She denounces the mother's neglect towards her and her brother. [ 7 ] Concerning Y, he is victim of the mother's neglect.

He often leaves the house and goes to sleep at friends' houses when his mother is intoxicated. He reports that there is not always enough food at home. When she gets money, his mother buys alcohol and marijuana instead of food. She also provides alcohol and marijuana to minors in her house. [ 8 ] The father has regular contacts with the children but his involvement is minimal. [ 9 ] Considering the evidence, the Court declares that the security and development of the children are in danger and proceeds to the applicable measures inquiry.

With the social studies and the testimony of the social worker, Mr [social worker 1], his recommendations seem appropriate. [ 10 ] In fact, he recommends that X and Y remain with the mother considering the facts that X spends summer with her oldest sister in Town B, that the mother intend to seek for help for her substances addiction as she did years ago and that she is willing to collaborate immediately with the social worker.

[ 11 ] The mother already acknowledges all her problems and offers good motivation and collaboration with the social worker. [ 12 ] After asking few questions to X, the Court notices the youth's maturity. X wishes to complete her secondary schooling. [ 13 ] She and her brother have regular attendance at school and are doing well. The youth expresses herself very well and is talkative.

She really hopes that her mother will attend therapy for substances addiction and will offer them good supervision after. [ 14 ] Considering the evidence, THE COURT: [ 15 ] DECLARES the security and development of X and Y in danger; [ 16 ] MAINTAINS the children X and Y with the mother; [ 17 ] PROHIBITS the mother to provide alcohol or drugs to X; [ 18 ] ORDERS that the mother seek for a detoxification therapy and a follow-up if required and ORDERS her to remain sober in the presence of the children; [ 19 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the children and the parents until May 24, 2017; [ 20 ] ORDERS that the mother and children receive the services of an educator in living environment until May 24, 2017; [ 21 ] ORDERS the mother and the father to take an active

part in the application of the measures; [ 22 ] ORDERS the police to collaborate to the execution of the enactment; [ 23 ] ENTRUSTS the children's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q. Me Geneviève Apollon Attorney for the applicant Me Marie-Claude De Gagné Attorney for the father Me Cassandra Neptune Attorney for the children Date of hearing: July 14, 2016