2019 QCCQ 11143, 2019 QCCQ 11143

Protection de la jeunesse — 192046 2019 QCCQ 11143 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division Nos: 635-41-000805-173; 635-41-000806-171; 635-41-000897-188 DATE: February 28, 2019 _____________________________________________________________________ PRESIDING: THE HONOURABLE MARC OUIMETTE, J.C.Q. _____________________________________________________________________ [SOCIAL WORKER 1], [SOCIAL WORKER 2] AND/OR [SOCIAL WORKER 3] , youth protection workers, duly authorized by the Director of Youth Protection A, working in [...] Applicant and X, born on [...], 2013 Y, born on [...], 2016 Z, born on [...], 2017 Children and A Mother and B Father of X and Y _____________________________________________________________________ JUDGMENT ON APPLICATIONS FOR REVIEW (Sections 95(para. 1) and 75, Youth Protection Act , CQLR, c.

P-34.1 ) _____________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified. Every person who contravenes this provision commits an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection applied for the review of three (3) decisions under s. 95 of the Youth Protection Act [1] rendered on September 4, 2018, by the Honourable Lucille Beauchemin, J.C.Q.

At that time, she maintained X, Y and Z with their mother with different orders applicable until May 15, 2019. [ 2 ] At the hearing, the parents were present and assisted by counsel. The children did not attend the hearing, considering their age, but were represented by counsel. Facts: [ 3 ] The child Z has a physical developmental delay that requires physiotherapy.

On October 24, 2018, the physiotherapist informed Youth Protection that the parents had missed a few appointments and that every time they tried to meet the child at her house, the parents were not there. [ 4 ] The mother continues to display alcohol consumption issues. On November 11, 2018, services for alcohol consumption issues were offered to the mother and she refused.

The mother is not attending appointments with Youth Protection. [ 5 ] On November 28, 2018, it was reported that the parents picked up the children from daycare on the four-wheeler while the father was under the influence of alcohol; the mother was driving. [ 6 ] From November 29, 2018, to December 7, 2018, youth protection workers went to the parents’ home but were never able to meet with them. [ 7 ] On December 14, 2018, it was reported to Youth Protection that Social Services would reduce their involvement because the parents were not showing any interest in the services offered. [ 8 ] On December 20, 2018, the police called Youth Protection because the parents were intoxicated in the presence of the children. [ 9 ] The parents have not sought help for their issues and are not cooperating with Youth Protection. [ 10 ] The mother is planning to start therapy for her alcohol issues in June.

The parents visit the children twice a week for four hours each time and want their children back with them. Analysis: [ 11 ] The parents care for their children, but have a major addiction to alcohol. [ 12 ] The situation is almost the same as it was in September 2018. The Court cannot return the children to the parents unless there is a change in their lifestyle. The children are young, but the parents visit them twice a week for four hours each time. [ 13 ] The mother needs to attend therapy for alcohol addiction and the father is not ready to control his alcohol addiction.

FOR THESE REASONS, THE COURT: [ 14 ] GRANTS these three applications; [ 15 ] REVIEWS the decisions or orders rendered on September 4, 2018; [ 16 ] DECLARES that the security and development of X, born on [...], 2013, Y, born on [...], 2016, and Z, born on [...], 2017, are still in danger; [ 17 ] ORDERS that the children be entrusted to an [...] foster family, chosen by the institution operating a child and youth protection centre with a possible return to the parents, if the situation allows; [ 18 ] If the children return to the parents’ care, AUTHORIZES unannounced visits; [ 19 ] ORDERS that the services of an external educator be provided to the family; [ 20 ] RECOMMENDS that the mother and the father receive specialized treatment for their addiction problems; [ 21 ] ORDERS the children and the children’s parents to report in person, at regular intervals, to the Director to inform him of the current situation; [ 22 ] ORDERS the children and the children’s parents to take an active

part in the application of any of the measures ordered by the Court; [ 23 ] ORDERS the parents to remain sober and to refrain from any aggression or violent behavior in the presence of the children; [ 24 ] ORDERS the parents to attend the medical appointments required by the children’s situation; [ 25 ] ORDERS the parents to seek help through Social Services for their alcohol consumption; [ 26 ] AUTHORIZES the Director of Youth Protection to have access to information about appointments with professionals regarding the attendance and degree of participation; [ 27 ] ORDERS that contact between the children and the parents be determined by the Director with respect to the terms, frequency and degree of supervision; [ 28 ] ORDERS that a person working for an institution or body provide aid, counselling, assistance to the children and the children’s family; [ 29 ] ORDERS the police to cooperate in the execution of this judgment; [ 30 ] ENTRUSTS the situation of the children to the Director of Youth Protection A, who shall then see that the measures are carried out.

THE WHOLE UNTIL AUGUST 31, 2019.

__________________________________ MARC OUIMETTE, J.C.Q. Mtre Geneviève Apollon Cain Lamarre, s.e.n.c.r.l. Counsel for the applicants Mtre Isabelle Martineau Centre communautaire juridique A Counsel for the children Mtre Ivan Lazarov Poupart & Poupart avocats inc. Counsel for the parents Date of hearing: February 28, 2019