2019 QCCQ 15044, 2019 QCCQ 15044

Protection de la jeunesse — 1911761 2019 QCCQ 15044 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” N° : 614-41-000507-196; 614-41-000508-194 DATE : December 12, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on [...], 2006 Y Born on [...] 2009 Children [SOCIAL WORKER 1] person duly authorized by the Director of Youth Protection A, working in [...] Applicant AND A B Parents of X And C D Parents of Y Invested with parental authority and hereby called the parents of X ______________________________________________________________________ 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 12, 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 endangered according to

section 38 b) 1) iii, and 38 b) 2), as expressed in the motion. [ 3 ] Consequently DYP asks the Court to entrust the children to a foster home for a period of 6 months with reintegration with the parents after they complete a program and after they maintain their sobriety for three months after the completion of the program, as well as other measures to resolve the situation. Question in litigation [ 4 ] 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 [ 5 ] The proof reveals that the parents have already been sober for 3 months. [ 6 ] Father explains that he is tired of drinking, that he recognizes he failed in taking responsibility for his family and that he firmly intends to change his life and be a good role model for his children. [ 7 ] The parents ask for a 3 months placement of the children instead of 6 months, and they want the Court to take account of the 3 months of sobriety they already maintained. [ 8 ] Father intends to participate in a program that may begin in January or February.

Mother also intends to address her issues with alcohol. [ 9 ] The father’s testimony convinced the Court of the sincerity of his intentions and it is necessary to recognize the efforts of the parents. [ 10 ] 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 still in danger and that the measures suggested meet his needs and deemed to be in his best interest.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the applications; [ 12 ] DECLARES that security and development of the children are compromised, according to

section 38 b)1)iii and 38 b) 2) of the Youth Protection Act ; [ 13 ] ENTRUSTS the children to the foster family of Ms.

E; [ 14 ] AUTHORIZES the reintegration of the children with their parents after the completion of a treatment program to address their issues; [ 15 ] ORDERS the parents to engage in a treatment program to address their substances abuse issues; [ 16 ] ORDERS the parents to remain sober in the presence of the children; [ 17 ] ORDERS that the children receive all medical services requires by their situation; [ 18 ] ORDERS DYP to increase the contacts between the children and their parents as long as the parents remain sober; [ 19 ] ORDERS DYP to provide aid counsel and assistance to the children and their family for a period of one year . [ 20 ] ENTRUSTS the situation of the children to the Director of Youth Protection A, who shall then see that the measures are carried out.

___________________________________ Dominique Wilhelmy, J.C.Q. Signed on Mtre Magdalena Lempicka Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the children Mtre Marie-Josée Ayoub Counsel for the parents