2016 QCCQ 17114, 2016 QCCQ 17114

Protection de la jeunesse — 168165 2016 QCCQ 17114 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division Nos.: 635-41-000724-168, 635-41-000725-165, 635-41-000726-163, 635-41-000727-161, 635-41-000728-169 and 635-41-000729-167 DATE: December 15, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2006 Y, born on [...], 2003 Z, born on [...], 2001 A, born on [...], 1999 B, born on [...], 2011 C, born on [...], 2013 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A, Quebec, District A Applicant and MRS D, residing and domiciled in Town A, Quebec, District A Mother and MR E, residing and domiciled in Town A, Quebec, District A Father ______________________________________________________________________ JUDGMENT (Sections 38 and 75 Y.P.A., 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 A makes six applications to have the security and development of X, Y, Z and A, B and C, all children of D and E, declared in danger due to the risk of negligence with regard to

section 38 (b) (2) of the Youth Protection Act. [ 2 ] Five children are present at the hearing and they are assisted by Me Joannie Jacob. The parents are present, assisted by Me Marie-Claude De Gagné. Me Geneviève Apollon assists the applicant. [ 3 ] The parties admit the allegations and agree with the measures. The applicant, Mrs [Social Worker 1], and both parents testify. [ 4 ] The evidence reveals that the parents consume abusively alcohol, and when under the influence of alcohol, they do not provide a safe environment to the children.

They often leave the responsibility of the youngest children to the oldest ones. [ 5 ] Since August 2016, many incidents involving the parents while under influence of alcohol were reported. Once, C was found wandering the street late at night without supervision. The police also made an occurrence report that two young children were in presence of their drunk parents at their family residence when they were called. The police intervened many times during the four first months of 2016. [ 6 ] Since August, the children’s situation were reported to the Director of Youth Protection.

The parents are very reluctant to speak with the social worker. The children admit the parents’ problem with consumption of alcohol. [ 7 ] When met in April 2016, A reported that she was twice victim of sexual assault. She never talked about those events before. [ 8 ] The child B is suffering from a serious skin condition and was hospitalised for two months in Montréal last summer. Her mother escorted her. The father stayed at home with the other children. He received help from the helper that the mother have found before leaving.

During that period, the father was seen drunk with his children twice. [ 9 ] At the hearing, the parents acknowledge their alcohol consumption problem, their non-collaboration with the social worker and

the negative effects of such behaviour on their children. [ 10 ] Now, they are ready to collaborate and want to receive help for their problems. The children are their priority and they want to provide them a stable, safe and warm environment. They have good parental capacities. They provided them, both being working regularly.

They appreciate all the support offered by their families. [ 11 ] Considering the evidence, the parents’ motivation and their agreement with the measures, FOR THESE REASONS, THE COURT: [ 12 ] DECLARES the security and development of X, Y, Z and A, B and C in danger; [ 13 ] ORDERS that the children remain with the parents; [ 14 ] ORDERS the parents to seek help trough Social Services concerning their alcohol and personal issues; [ 15 ] ORDERS the parents to remain sober in presence of the children and PROHIBITS any adult to consume or be under influence of alcohol in their presence; [ 16 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the children and the parents until May 31, 2017, except for A until April 26, 2017; [ 17 ] ORDERS the parents and children to collaborate actively with the social worker; [ 18 ] 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 parents Me Joannie Jacob Attorney for the children Date of hearing: November 8, 2016