2019 QCCQ 15045, 2019 QCCQ 15045

Protection de la jeunesse — 1911714 2019 QCCQ 15045 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” N° : 614-41-000514-192 614-41-000513-194 DATE : December 11, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on [...], 2017 Y Born on [...], 2016 Children [SOCIAL WORKER 1] person duly authorized by the Director of Youth Protection A working in [...] Applicant And A B Parents ______________________________________________________________________ AMENDED JUDGMENT

Section 38 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.).

Introduction [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on December 11, 2019. [ 2 ] The court is seized of an application presented by the Director of youth protection (DYP) requesting that the security and development of the children be declared in danger for neglect of educational needs ( art.38 b)1 iii as expressed in the motion. [ 3 ] Consequently DYP asks the Court to entrust the children with their mother, as well as other measures to resolve the situation. [ 4 ] Question in litigation [ 5 ] Are the security and development of the children compromised?

In the affirmative, do the recommended measures answer their needs and are they in their best interest? Context and Analysis [ 6 ] Previously, the parents struggled with alcohol consumption, and father has not completed any program for substance abuse.

He is not in a position to take care of the children but he agrees to the recommendations because he knows that mother is. [ 7 ] The mother has a place of her own and the proof reveals that she puts herself in action to modify her lifestyle, in engaging in psychological services for family therapy, completing a program for alcohol dependency, maintaining appropriate routine in her home and collaborate positively with the worker. [ 8 ] After taking into consideration the documentary evidence, the testimonies and the position of the parties, the Court finds that the evidence is sufficient to declare that security and development of the children are endangered according to

section 38 b) 1) iii of the Youth Protection Act , and that the measures suggested meet their needs and deemed to be in their best interest. THEREFORE AND FOR THESE REASONS, THE COURT: [ 9 ] GRANTS the motion; [ 10 ] DECLARES that security and development of the child are endangered according to

section 38 b)1)iii) of the Youth Protection Act ; [ 11 ] ENTRUSTS the children to their mother; [ 12 ] ORDERS mother to continue collaborating with the professionals already working with the family; [ 13 ] STRONGLY RECOMMEND the father to engage in a substance abuse program and follow all the recommendations made by the professionals; [ 14 ] TAKES JUDICIAL NOTICE that the contacts between the children and their father be held upon agreement between the parents; [ 15 ] ORDERS the parents to remain sober in the presence of the children; [ 16 ] AUTHORIZES DYP to obtain and share information with service providers working with the family; [ 17 ] ORDERS DYP to provide aid counsel and assistance to the children and their parents; [ 18 ] 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 for a period of 6 months ___________________________________ Dominique Wilhelmy, J.C.Q. Signed on Mtre Adélia Ferreira Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the children Mtre Marie-Josée Ayoub Counsel for the mother Mtre Michel Grenier Counsel for the father