2016 QCCQ 9809, 2016 QCCQ 9809

Protection de la jeunesse — 164191 2016 QCCQ 9809 JA0510 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF […] «Youth Division» N° : 505-41-008261-168 505-41-008262-166 DATE : March 21st, 2016 BY THE HONOURABLE : MIREILLE ALLAIRE In the matter of the children: X (born on [...], 2005) Y (born on [...], 2009) [Social Worker 1] , in capacity authorized person by the Youth Protection Director Declarant and A, B, Parent of the children JUDGMENT

Section 38 of the Youth Protection Act 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 11.2.1 and 135 Y.P.A. ] [ 1 ] The Court is ask to make a determination on a declaration of protection according to

section 38 of the Youth Protection Act. [ 2 ] In support of demand, the declarant alleges that the security and development of the children are compromise for the following reasons: “

a) The children reside with their parents;

b) On May 2015, we declare the facts founded for a situation of psychological ill-treatment, but that the security and development of the children was not in danger;

c) Around November 2015, an episode of conjugal violence occurred between the parents in the presence of the child X;

d) During this event, the parents were under the influence of alcohol;

e) Both children reported being fearful during this event;

f) We declare the security and the development of the children in danger for a situation of psychological ill-treatment and for a serious risk of neglect;

g) The parents recognize that they have a dependency of alcohol;

h) The children are witness to their parents alcohol consumption;

i) The father lost his license for the second time while driving under the influence of alcohol;

j) The parents recognize that they have a lot of conjugal disputes due to the family financial problems;

k) At the orientation table, on February 15 th 2016, the parents informed us of an other episode of conjugal violence between them;

l) Each parent filed a police complaint against the other;

m) The parents are in agreement with the measures;” [ 3 ] The mother admits all the allegations of the declaration and agrees to the conclusions. [ 4 ] The father admits all the allegations of the declaration and agrees to the conclusions. [ 5 ] The children, by their attorney, admit most of the allegations of the declaration and agree to the conclusions. [ 6 ] By consentent of the parties, the following reports are filed: D-2: Birth certificate; D-3 Evaluation report, written by [Social Worker 1], on November 2 nd , 2015 ; D-4 Orientation report, written by [Social Worker 1], on December 29 th , 2015; [ 7 ] Y and X have been living in a tense and conflictual family environment for some time.

Their parents are involved in a dynamic of conjugal violence and the children were involved in their parent’s altercations. [ 8 ] There children need to evolve in a secure and safe environment. They need that their parent’s response will be adequate and free of violence. [ 9 ] The conflicts between the parents are related to an alcohol consumption issue which illustrates an important risk factor for the children. Both parents minimise their problem, but not the impacts that their lifestyle could have on their children.

They agree to workout their difficulties. [ 10 ] In view of the partie's admissions and the content of the reports filed by consent of the parties, the Court is satisfied that the proof has been made on all the allegations of the declaration and therefore: [ 11 ] GRANTS the present motion; [ 12 ] DECLARES that the security and the development of the children X and Y are in danger; [ 13 ] ORDERS that the children remains with their family; [ 14 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the children and the family; [ 15 ] ORDERS that the child Y and the parents benefit of services from an external educator; [ 16 ] ORDERS that the parents participate actively in the measures to correct the situation and more particularly that they implicate themselves in the intervention plan; [ 17 ] RECOMMENDS that the parents receive help for their personal difficulties; [ 18 ] ENTRUSTS the situation of the children X and Y to the Director of Youth Protection of Le Centre jeunesse A for the execution of the judgment to intervene herein; [ 19 ] THE WHOLE for a period of six (6) months; [ 20 ] THE WHOLE without costs. __________________________________ MIREILLE ALLAIRE, J.C.Q.

Me Jean-Pierre Gaudreau Attorney for the children Me Véronique Crête Attorney for the declarant