2017 QCCQ 19915, 2017 QCCQ 19915

Protection de la jeunesse — 1710376 2017 QCCQ 19915 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000221-178, 614-41-000239-170 614-41-000238-172, 6 14-41-000237-174 DATE: September 8, 2017 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on [...] 2001 Y, born on [...] 2003 Z, born on [...], 2005 A, born on [...], 2008 CHILDREN ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A APPLICANT AND C MOTHER AND D FATHER ______________________________________________________________________ JUDGMENT ( Sections 38 and 91 of the Youth Protection Act CQLR 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 motions asking the Court to declare the security and development of X, sixteen years old, Y, fourteen years old, Z, eleven years old, and A, nine years old, endangered pursuant to

section 38 b) 1° of the Youth Protection Act . [ 2 ] At the hearing, the children are represented by Mtre. Constantin Kiryakidis. Mtre Camille Champeval acts on behalf of the applicant, Mtre. Marie-Josée Ayoub on behalf of the mother and Mtre.

Michel Grenier on behalf of the father. [ 3 ] Most of the allegations are admitted by one or the other of the parties and the evidence is completed by the filing of the report and the testimony of the applicant, Mrs. [Social Worker 1]. [ 4 ] The parents are separated and the children usually live with their mother and other family members. [ 5 ] On May 3 rd , a report was received by the Director of Youth Protection stating that X was seen walking on the street around midnight with his older brother B, who was seventeen years old at the time, and their niece, who is three years old.

It appears that the mother was away from the community. [ 6 ] On the same day, the emergency worker went to the mother’s home and found the place in a very bad state. On that day, the [Fire Department A] issued a notice stating that the home was not habitable for anyone and needed to be cleaned. [ 7 ] The refrigerator was empty, there was no food in the home. [ 8 ] At that time, the father was in City A for work. The father usually lives with his own parents.

[ 9 ] Both parents admit that they have alcohol consumption problems and that they exposed the children to domestic violence. It is also in evidence that the children are left without proper supervision and that the mother is often absent from the community. [ 10 ] The children are currently living with their father at the grandparents’ place. [ 11 ] The Social Worker is of the opinion that the mother must seek help from a therapist and that she must have a reliable babysitter when she has to be away from the community.

Concerning the father, she states that he needs to meet with the NNADAP Worker and follow the recommendations of the professional. [ 12 ] As for the children: [ 13 ] X is sixteen years old and is doing well in school. [ 14 ] Y is fourteen, does well in school and has many friends as she seems to be a very easygoing child. [ 15 ] Z is eleven years old and is doing well in school. [ 16 ] As for A, the report submitted by the Social Worker seems to be contradictory as on page 3, it is stated that: “A had major melt downs (sic) and is causing alot (sic) of trouble at the school.

A’s behaviour is escalating and the child is punching, kicking and spitting at school staff. A throws things in school and has caused damage to the school property.” [ 17 ] And on page 6, it is stated that: “A is 9 years old and he is attending school on a regular basis. He is doing well. He is have (sic) friends and no specific problem was observed .” [ 18 ] So, if A has special needs in school, these needs have to be adequately met. For that, we need to know why A is reacting in such a way.

Maybe with him living in a stable environment, a structured one, this behaviour will improve or disappear, but if not, an assessment will be required in order to solve these problems. [ 19 ] Both parents seem to be willing to collaborate with the Director of Youth Protection. The next months will prove their real motivation to change things for the best interest of their children. [ 20 ] FOR THESE MOTIVES, THE COURT: [ 21 ] GRANTS the motion; [ 22 ] DECLARES that the security and development of X, Y, Z and A are endangered pursuant to

section 38 1°

b) i), iii), 38

b) and 38

c) of the Youth Protection Act ; [ 23 ] ENTRUSTS the children to their father with a possible reintegration to the care of the mother when the Youth Worker deems it will be appropriate; [ 24 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the children and the parents; [ 25 ] ORDERS that the mother seek help for her personal issues with a therapist and that she follow the recommendations of the professionals; [ 26 ] ORDERS that the father meet with the NNADAP Worker and that he follow the recommendations of the professionals; [ 27 ] ORDERS that the access rights be supervised by the Director of Youth Protection as to their modalities and their frequency; [ 28 ] ORDERS the mother to disclose in advance to the Director of Youth Protection the name of any babysitter that will supervise the children while she is away from the community; [ 29 ] ALL these measures are applicable for a period of one year; [ 30 ] ENTRUSTS the children to the Director of Youth Protection who shall then see that the measures are carried out. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Camille Champeval DYP A Lawyer for the applicant Mtre. Constantin Kiryakidis Centre communautaire juridique A Lawyer for the children

Mtre. Marie-Josée Ayoub Lawyer for the mother Mtre. Michel Grenier Lawyer for the father Date of hearing: July 28, 2017