2016 QCCQ 6568, 2016 QCCQ 6568

Protection de la jeunesse — 162738 2016 QCCQ 6568 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 635-41-000703-162 635-41-000704-160 635-41-000702-164 635-41-000701-166 DATE: May 2 nd 2016 ______________________________________________________________________ PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on [...] 2010 Y, born on [...] 2014 Z, born on [...] 2012 A, born on [...] 2009 Children [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A Applicant and B, residing and domiciled in Town A , Quebec, district A Mother and C , 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 children, X, Y, Z and A, are in danger. [ 2 ] The parents were present in Court on May 2 nd 2016 and assisted by a lawyer. [ 3 ] The children were represented by a lawyer. [ 4 ] The parents admitted the alleged facts and accepted the measures proposed by the Director. [ 5 ] The Director has been involved in the B family since 2014. [ 6 ] The parents were abusing alcohol and fighting together in the presence of the children. [ 7 ] They have diminished their alcohol intake in the last months.

[ 8 ] They have established a trustful relationship with their actual social worker, Ms [Social Worker 1]. [ 9 ] They offer a very good collaboration to social services and have developed a better way to discipline their young children. [ 10 ] The father has been working regularly in the last year. He is teaching traditional arts and crafts at school. He is very proud of this realization. [ 11 ] The parents do not really realize the impact of their alcohol consumption on their parental capacities. They will need help in the next months to face this issue.

FOR ALL THESE REASONS, THE COURT: [ 12 ] GRANTS the motion; [ 13 ] DECLARES that the security and development of the children, X, Y, Z and A, are in danger; [ 14 ] ORDERS that the children remain with the parents; [ 15 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in their children’s regard to put an end to the situation of compromission; [ 16 ] ORDERS that the parents take an active

part in the application of the measures; [ 17 ] ORDERS that the parents ensure that the children receive health services required by their situation; [ 18 ] ORDERS that the children and the family receive the services of an external educator for the period deemed necessary by the professionals; [ 19 ] ORDERS that the parents refrain from consuming alcohol and smoking marijuana in the presence of the children; [ 20 ] ORDERS that the parents refrain from using any form of inappropriate discipline towards the children; [ 21 ] RECOMMENDS that the parents seek help through social services concerning their alcohol and drugs, gambling and conjugal violence issues; [ 22 ] AUTHORIZES the Director of Youth Protection to perform unannounced visits in the family household; [ 23 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the children and the family; [ 24 ] ORDERS the police to collaborate to the execution of the enactment; [ 25 ] ENTRUSTS the situation of the children, X, Y, Z and A, to the Director of Youth Protection for the execution of the measures; [ 26 ] THE WHOLE until December 29 th 2016. __________________________________ JEAN GRAVEL, J.Q.C.

Mtre Geneviève Apollon, Attorney for the applicant Mtre Nicolas Welt, Attorney for the children Mtre Marie-Claude De Gagné, Attorney for the parents