2016 QCCQ 6590, 2016 QCCQ 6590

Protection de la jeunesse — 162760 2016 QCCQ 6590 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 640-41-001968-160 640-41-001967-162 640-41-001969-168 DATE: March 17 th 2016 ______________________________________________________________________ PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on [...] 2011 Y, born on [...] 2006 Z, born on [...] 2014 Children [SOCIAL WORKER 1] , youth protection workers, duly authorized by the Director of Youth Protection A working in Town A Applicant and A, residing and domiciled in Town A, Quebec, district A Mother and B, residing and domiciled in Town A, Quebec, district A Father ______________________________________________________________________ AMENDED JUDGMENT [1] ( Sections 38 and 75 , Youth Protection Act , R.S.Q. 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 that the security and development of the children, X, Y and Z, are in danger. [ 2 ] The parents were present in Court on March 17 th 2016.

They admitted most of the alleged facts and accepted the measures proposed by the Director. [ 3 ] Y is nine years old, Z is three and X is four years old. [ 4 ] The children do not have response to their needs when they are with their parents.

The parents have been showing conjugal violence and alcohol abuse issues for the last years. [ 5 ] The parents had signed a voluntary agreement with the Director on June 12 th 2015. [ 6 ] Four days later, the family household burned down while the children were under the care of their mother and maternal grandmother, both of them were highly intoxicated. [ 7 ] The grandmother and an eight month old baby sibling of the children, passed away in the fire. [ 8 ] The children have been left alone at home on many occasions without proper supervision. [ 9 ] The children are in danger because of the repeated lack of supervision.

They are also witnesses to the parents’ conjugal violence.

[ 10 ] The mother made some efforts to remain sober but has relapsed. [ 11 ] The mother will meet a social worker this afternoon to register herself for an intake programme at [center A]. FOR ALL THESE REASONS, THE COURT: [ 12 ] GRANTS the motions; [ 13 ] DECLARES that the security and development of the children, X, Y and Z, are in danger in virtue of articles 38 b) 1) iii) and 38

c) of the Youth Protection Act ; [ 14 ] ORDERS that the children be entrusted to a foster family chosen by the institution operating a child and youth protection centre; [ 15 ] AUTHORIZES that the children, X and Z to be entrusted to the mother as long as she remains at [center A]; [ 16 ] ORDERS that the parents take an active

part in the application of the measures; [ 17 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 18 ] ORDERS that the children and the family receive the services of an external educator for the period deemed necessary by the professionals; [ 19 ] ORDERS that the parents remain sober in the presence of the children; [ 20 ] ORDERS that the parents remain without any violent behaviour in the presence of the children; [ 21 ] RECOMMENDS that the parents seek help through social services concerning their alcohol and personal issues; [ 22 ] ORDERS that the contacts between the children and the parents be determined by the Director of Youth Protection as to the modalities and the frequency; [ 23 ] AUTHORIZES the Director of Youth Protection to conduct unannounced visits in the family household; [ 24 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the children and their family; [ 25 ] ORDERS the police to collaborate to the execution of the enactment; [ 26 ] ENTRUSTS the situation of the children, X, Y and Z, to the Director of Youth Protection A for the execution of the measures; [ 27 ] THE WHOLE until March 31 st 2017. __________________________________ JEAN GRAVEL, J.Q.C.

Mtre Donald Bourget, Attorney for the applicant Mtre Yan Massé, Attorney for the children Mtre Angèle Tommasel, Attorney for the mother Mtre Marie-Claude De Gagné, Attorney for the father