2014 QCCQ 14087, 2014 QCCQ 14087

Protection de la jeunesse — 142135 2014 QCCQ 14087 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] LOCALITY […] Youth Division Nos.: 640-41-001721-148, 640-41-001722-146, 640-41-001723-144 DATE: April 15, 2014 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on […], 2000 640-41-001721-148 Y, born on […], 2003 640-41-001722-146 Z, born on […], 2005 640-41-001723-144 CHILDREN ______________________________________________________________________ [SOCIAL WORKER], youth protection worker, duly authorized by the Director of Youth Protection A APPLICANT AND A MOTHER AND B FATHER ______________________________________________________________________ JUDGMENT ON DRAFT AGREEMENT ( Sections 38 , 91 and 76.3 of the Youth Protection Act 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 Y.P.A.). [ 1 ] The Director of the Youth Protection presents three motions asking the Court to declare that the security and development of X, […] years old, Y, […] years old and Z, […] years old, are endangered pursuant to sections 38 b) 1° iii), 38 b) 2° and 38

c) of the Youth Protection Act [1] . [ 2 ] At the hearing the children, present, are represented by Mtre. Myriam Gaudreault. Mtre. Michel Grenier acts on behalf of the parents and Mtre.

Gabriel Gaudreault for the Director of Youth Protection. [ 3 ] The parties submit a draft agreement in which parents and children admitted the following facts: 3.1 The Director of Youth Protection is intervening with this family since 2012; 3.2 The parents have alcohol consumption issues; 3.3 The children are left at home unattended; 3.4 On September 9, 2012, the parents were both intoxicated in the community and the children were left at home unattended; 3.5 On September 12, 2012, voluntary measures had been signed and the children remained with the parents with conditions; 3.6 On September 27, 2013, the Director of Youth Protection intervened again because both parents were intoxicated while the children were present; 3.7 The children had been entrusted in foster care; 3.8 On September 30, 2013, voluntary measures had been signed and the children remained with the parents with conditions; 3.9 Unfortunately, the Director of Youth Protection had to intervene again on March 10, 2014, because the children were left unattended at home while both parents were intoxicated in the home; 3.10 When the Director of Youth Protection arrived at the parents' place, the mother was passed out downstairs and the father was intoxicated;

3.11 The children were placed in foster care under immediate protective measures; 3.12 The parents do not recognize their alcohol consumption issues; 3.13 The collaboration of the parents with the Director of Youth Protection is difficult; 3.14 The mother is verbally aggressive towards the delegates of the Director of Youth Protection; [ 4 ] To put an end to the situation that endangered the security and development of the children, the parties agree on the following measures: 4.1 The children will be placed in foster home for 5 months with the possibility of reintegration with the parents if the situation allows it; 4.2 The parents meet with the psychologist for further ongoing follow-ups 4.3 The parents seek help regarding their alcohol abuses; 4.4 That aid, counsel and assistance be provided to children and the parents for a period of 1 year; 4.5 That visitations between the parents and children be supervised by the Director of Youth Protection as for the duration and modalities; 4.6 The parents sober ( sic ) in the presence of the children at all times; 4.7 The parents do not put the children in position or presence of people under the influence of intoxicating substances; 4.8 That the parents collaborate with the Director of Youth Protection and its representatives; 4.9 That the parents maintain the exercise their parental authority notably schooling; [ 5 ] Both parents declare having given a free and enlightened consent after having received all relevant information.

Mtre. Gaudreault who is acting on behalf of the children declares that this draft agreement is in the best interest her young clients and respect their rights.

They have been consulted and even if they would prefer to be with their parents, they agree to be placed in foster family in order to allow the parents to seek help. [ 6 ] The Court is satisfied that these measures are likely to put an end to the situation that endangered the safety and development of the children and that the parties gave a free and enlightened consent. [ 7 ] FOR THESE MOTIVES, THE COURT: [ 8 ] ORDERS the implementation of the measures contained in the draft agreement, AND CONSEQUENTLY, [ 9 ] GRANTS the motions; [ 10 ] DECLARES that the security and development of X born on […], 2000, Y, born on […], 2003 and Z, born on […], 2005, are endangered, to sections 38 b) 1° iii), 38 b) 2° and 38

c) of the Youth Protection Act ; [ 11 ] ORDERS the placement of the children in foster families for a period of 5 months with the possibility of a reintegration with their parents if the situation allows it; [ 12 ] ORDERS the parents to meet and collaborate with a psychological follow-up; [ 13 ] ORDERS the parents to seek help regarding their alcohol issues; [ 14 ] ORDERS that aid, counselling and assistance be provided to the children and their parents for a period of 1 year; [ 15 ] ORDERS that any access rights between the parents and the children be supervised by the Director of Youth Protection as for the duration, frequency and modalities; [ 16 ] ORDERS the parents to be and remain sober when in presence of the children; [ 17 ] ORDERS the parents not to put the children in presence of people under the influence of intoxicating substances; [ 18 ] ORDERS the parents to collaborate with the Director of Youth Protection and its representatives; [ 19 ] ORDERS the parents to exercise their parental authority by supervising services provided to their children such as health services, schooling; [ 20 ] ORDERS to any police force to collaborate with the execution of the Court orders if requested to do so by the Director of Youth Protection or one of its representatives; [ 21 ] ENTRUSTS the children's situation the Director of Youth Protection for the execution of the Court orders.

__________________________________ LUCILLE CHABOT, J.C.Q. Mtre. Gabriel Gaudreault Counsel for the applicant Mtre. Myriam Gaudreault Counsel for the children Mtre. Michel Grenier Counsel for the parents Date of hearing: March 25, 2014