2018 QCCQ 19022, 2018 QCCQ 19022

Protection de la jeunesse — 1810233 2018 QCCQ 19022 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 614-41-000399-180 DATE: December 21, 2018 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: ANN MARGARET DIAMOND, born on May 10, 2017 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A, residing and domiciled at [...] Mother and B, residing and domiciled at [...] Father ______________________________________________________________________ JUDGMENT (sections 38 and 91 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, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection A (the Director) submits to the Court an application to declare the security and development of X, born on [...], 2017, in danger because she is neglected, at risk of being neglected and psychological ill-treatment from the parents (sections 38 b) 1 o iii, 2 o and

c) of the Youth Protection Act ). [ 2 ] At the hearing, the parents are present and represented by Me Marie-Josée Ayoub for the mother and Me Michel Grenier for the father. Me Yan Massé represents the child and Me Adelia Ferreira, the applicant. [ 3 ] The parents admit most of the allegations and agree with the measures. [ 4 ] The parents acknowledge that the security and development of their daughter Ann Margaret are compromised because of their behaviour problems, especially they have problems with alcohol consumption. [ 5 ] Last September 22, they were found intoxicated at home.

They were drinking alcohol and fighting in the presence of the child. She was removed from the parents for the weekend and returned on September 24. [ 6 ] The mother stated that she would have a babysitter when she would go to drink. [ 7 ] On October 7, 2018, they were found intoxicated again. The same day, the mother was medivaced in Town A because her jaw was broken.

She does not remember what happened and who did it. [ 8 ] The parents have a violent relationship under intoxicated. [ 9 ] Since the event on October 7, the child is placed in the foster family of her grandparents. [ 10 ] After declares the security and development of the child in danger, the Court proceeds to the applicable measures inquiry. The social worker recommends a four-month placement. [ 11 ] As the parents realize they need help and even if they are slow, they seek for services.

The social worker believes that such duration of placement is sufficient. [ 12 ] At first, the parents were reluctant but now they offer a good collaboration. They met with NNADAP worker, they attend workshops held by [the A] Center and the father met a counselor, Mr. [social worker 2]. [ 13 ] The father is free from alcohol and drugs since November. He returned to church and so did the mother. They both express their willingness to attend treatment program for drugs and alcohol.

[ 14 ] Considering their motivation and collaboration, the Court believes that such a short placement of four months is sufficient.

FOR THESE MOTIVES, THE COURT: [ 15 ] GRANTS the motion; [ 16 ] DECLARES that the security and development of X, born on [...], 2017, are in danger; [ 17 ] ORDERS her placement in foster family for a period of four months and TAKES NOTICE that the paternal grandparents are the foster parents; [ 18 ] ORDERS the Director to supervise the contacts between the child and the parents as for the frequency, the duration and if required, presence of a third person; [ 19 ] ORDERS the parents to attend treatment for their drugs and alcohol consumption; [ 20 ] ORDERS the parents to meet the NNADAP worker and follow his recommendations; [ 21 ] ORDERS the parents to undergo counselling to address their marital issues; [ 22 ] ORDERS the parents to report to the social worker at least once a month on the measures they are taking for themselves or for the child to put an end to the situation of endangerment; [ 23 ] ORDERS the parents to remain sober in presence of the child and not expose her to people under the influence pf alcohol or drugs; [ 24 ] ORDERS the Director to provide aid, counsel and assistance to the child and the parents for one year; [ 25 ] ENTRUSTS the situation of the child to the Director who shall then see that the measures are carried out. __________________________________ DENYSE LEDUC, J.C.Q.

Me Yan Massé Attorney for the youth Me Adelia Ferreira Attorney for the applicant Me Marie-Josée Ayoub Attorney for the mother Me Michel Grenier Attorney for the father Date of hearing: December 13, 2018