2019 QCCQ 11534, 2019 QCCQ 11534

Protection de la jeunesse — 192238 2019 QCCQ 11534 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No: 614-41-000380-180 614-41-000381-188 DATE: January 10, 2019 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection A Applicant and X, born on [...], 2015 Y, born on [...], 2018 Children and A Mother and B Father of Y and Interested person for X ______________________________________________________________________ JUDGMENT ( Sections 38 and 91 of the Youth Protection Act , C.Q.L.R., 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 a motion asking the Court to declare that the security and development of X, two years old and Y, six months old, are endangered pursuant to

section 38 b) 1 o iii) and b) 2 o of the Youth Protection Act . [ 2 ] At the hearing, Mtre Yan Massé represents the interest of the young children on a legal mandate. Mtre Michel Grenier acts on behalf of the mother and Mtre Marie-Josée Ayoub on behalf of B. Mtre Magdalena Lempicka assists the applicant. [ 3 ] Mtre Ayoub informs the Court that in fact, Mr.

B is also the father of X, which is admitted by the mother. [ 4 ] Both parents acknowledge that they need help and they are in agreement with the measures proposed by the Director of Youth Protection. [ 5 ] X has been placed in a foster home for one year, from September 22, 2017, to September 26, 2018, under voluntary measures because of the drug and alcohol-related problems of the mother and lack of supervision. [ 6 ] The mother continues to drink and use drugs. She has an on and off relationship with the father. [ 7 ] On October 11, 2018, there was an altercation between the mother and Mr.

B and she was later picked up by the police after there was a gun shot fired. At the hearing, the mother admits being responsible for the gun shot.

Both parents were then intoxicated. [ 8 ] Later that day, the child Y, six months old, was found alone in the mother’s cabin and was placed in a foster home under immediate protective measures. [ 9 ] Both parents have a history of drinking. [ 10 ] The father has other children who live with their own mother. [ 11 ] For the time being, neither of the parents is able to take care of the children. [ 12 ] With the admissions made by the parties, the Court has preponderant evidence that we must intervene in the family as the

security and development of the two children are endangered for the alleged motives (38 b) 1 o iii) and 38 b) 2 o of the Youth Protection Act ). The measures recommended are appropriate and in the best interest of the two children.

FOR THESE MOTIVES, THE COURT: [ 13 ] GRANTS the motions; [ 14 ] DECLARES that the security and development of X, born on [...], 2015, and Y, born on [...], 2018, are endangered (38 b) 1 o iii) and 38 b) 2 o of the Youth Protection Act ); [ 15 ] ORDERS the placement of the children in a foster family for a period of 12 months with a possible reintegration to the mother after she completes a treatment in a treatment centre and maintains her sobriety for three consecutive months; [ 16 ] ORDERS that X and Y obtain all the necessary services that are required by their situation and that the recommendations of the professionals be followed; [ 17 ] ORDERS that the access rights between the parents and the children be supervised by the Director of Youth Protection as for the modalities and the frequency; [ 18 ] ORDERS that the parents seek professional help for their substance abuse; [ 19 ] STRONGLY RECOMMENDS that the parents seek counselling to address their personal issues; [ 20 ] ORDERS that the parents be and remain sober when in presence of the children; [ 21 ] ORDERS the parents not to put the children in the presence of people under the influence of intoxicating substances; [ 22 ] ORDERS that aid, counselling and assistance be provided to the children and their family for a period of one year; [ 23 ] AUTHORIZES any service providers to the family to share information with the Director of Youth Protection or its representatives; [ 24 ] ORDERS any peace officer to collaborate with the execution of the Court order if requested to do so by the Director of Youth Protection or one of its representatives; [ 25 ] ENTRUSTS the situation of both children to the Director of Youth Protection for the execution of the Court orders.

Signed in Town A on February 19, 2019 __________________________________ LUCILLE CHABOT, J.C.Q. Mtre Magdalena Lempicka Ferreira Lempicka Attorneys Attorney for the applicant Mtre Yan Massé Centre communautaire juridique A Attorney for the children Mtre Michel Grenier Attorney for the mother Mtre Marie-Josée Ayoub Ayoub avocats Inc. Attorney for the father and interested person Date of hearing: January 10, 2019