2014 QCCQ 15982, 2014 QCCQ 15982

Protection de la jeunesse — 143686 2014 QCCQ 15982 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division Nos.: 640-41-001766-143, 640-41-001767-141, 640-41-001768-149, 640-41-001769-147 et 640-41-001770-145 DATE: July 17, 2014 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X (2004-[…]) Y (2006-[…]) Z (2009-[…]) A (2011-[…]) B (2013-[…]) MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the Cree Board of Health and Social Services A, Quebec, District A Applicant and MR C, residing and domiciled in Town B, Quebec, District A Mother and MRS D, residing and domiciled in Town B, Quebec, District A Father ______________________________________________________________________ JUDGMENT (sections 38 and 91 YPA, 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 YPA). [ 1 ] Mrs [Social Worker 1], delegate of the Director of Youth Protection of the Cree Board of Health and Social Services A, is submitting five petitions to declare that the security and development of X, 9 years old, Y, 7 ½ years old, Z, 5 years old, A, 3 years old, and B, 1 ½ years old, are in danger with regard to

section 38 (b) (1) (i) (ii) (iii) and (b) (2) of the Youth Protection Act. [ 2 ] At the hearing, the parents are present, assisted by Me Clara Egervari (father) and Me Myriam Gaudreault (mother).

The children are represented by Me Aubrée Coutanson and Me Gabriel Gaudreault represents the applicant. [ 3 ] The evidence of the compromising stage of the children related to neglect and risk of neglect is constituted of admissions made by the father and the mother and the testimony of the social worker. [ 4 ] Upon analysis of this evidence, it is proven that the parents are separated, that the mother is the main caregiver of the children, that she has alcohol consumption issues and that she is sometimes overwhelmed by taking care of the children. [ 5 ] The father is working as a singer and is moving a lot around the Cree communities. [ 6 ] On many occasions, the children were left to unreliable babysitters.

They were also left to extended family, whom were not in a position to assume those children for undetermined duration. [ 7 ] In other circumstances, the children were found at home, hungry and cold, last February. In March, the children were reported because they had untreated lice. One of the children had untreated skin infection, and also because Z, who is five years old, was not registered at school.

In April, the lice issue was still there for Z. [ 8 ] Many signs of neglect were noticed on the children even if voluntary measures were signed. [ 9 ] After declaring the security and development of these children in danger, the Court proceeds to the applicable measures inquiry. [ 10 ] A social study is filed in evidence.

[ 11 ] The social worker recommends that the children be maintained with their father for a period of five months. Meanwhile, the mother will attend counselling with the [center A] worker and a therapy. The parents will also meet with a psychologist and beneficiate of a social follow-up. [ 12 ] The mother wishes to attend the therapy centre in Town C on July 6 and she agrees with the recommendations.

The father and the two oldest children agree with all the recommendations. [ 13 ] Considering the children's needs, [ 14 ] Considering the parents' agreement with the measures, FOR THESE MOTIVES, THE COURT: [ 15 ] DECLARES that the security and development of X, Y, Z, A and B are in danger; [ 16 ] ENTRUSTS the children X, Y, Z, A and B to the father for a period of five months; [ 17 ] ORDERS the mother to attend a detoxification therapy and an external follow-up with the [center A] worker; [ 18 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the mother, the father and the children for a period of nine months; [ 19 ] ORDERS the Director of Youth Protection to favour and supervise all the visit and access rights between the children and the mother (minimum a day per week); [ 20 ] ORDERS the parents to remain sober in presence of the children and not let any adult consumes when they are present; [ 21 ] ENTRUSTS the children's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Gabriel Gaudreault Attorney for the applicant Me Clara Egervari Attorney for the father Me Myriam Gaudreault Attorney for the mother Me Aubrée Coutanson Attorney for the children Date of hearing: May 27, 2014