2017 QCCQ 19919, 2017 QCCQ 19919

Protection de la jeunesse — 1710341 2017 QCCQ 19919 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000230-179 DATE: August 30, 2017 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on [...], 2016 CHILD ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A APPLICANT AND A MOTHER AND B 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 a motion asking the Court to declare that the security and development of Grayson, eight months old, be declared endangered pursuant to paragraph 38 sections b) 1° iii) and b) 2° of the Youth Protection Act .

Both parents are represented by Mtre. Marie-Josée Ayoub and Mtre. Constantin Kiryakidis acts on behalf of the child. Mtre. Camille Champeval represents the applicant. [ 2 ] The fact that the security and development of the child are endangered is not challenged by the parents. They made admissions about the allegations of the petition and the evidence was completed by the applicant’s testimony and the evaluation-orientation report filed. [ 3 ] It appears that since last January the situation of the child was reported to the Director of Youth Protection on numerous occasions.

Twice, the child was placed in a foster home under immediate protective measures. [ 4 ] It appears that the mother has alcohol (consumption) issues, but she specified that she quit drinking on June 4 th and has been sober since then. The mother is currently pregnant which explains the fact that she is sober for the time being. Regarding the father, this one drinks, but not to the point of being drunk, according to the testimony of the Social Worker. [ 5 ] On May 1 st , the child was placed under a provisional agreement.

In June, being unable to reach the parents who had been drinking on the 3 rd and 4 th , the child was placed in a foster home, which is the maternal grandmother. [ 6 ] The parents missed a few meetings with the Social Worker, but when they are present, they are collaborative.

The applicant is of the opinion that both parents have the motivation to change their lifestyle in order to regain custody of the child. [ 7 ] Both parents agree with the measures recommended by the Director of Youth Protection and these measures are likely to put an end to the situation that endangers the security and the development of X, who is, considering his young age, highly vulnerable. [ 8 ] FOR THESE MOTIVES, THE COURT: [ 9 ] GRANTS the motion; [ 10 ] DECLARES that the security and development of X, born on [...], 2016, are endangered pursuant to paragraph 38 sections b) 1° iii) and b) 2° of the Youth Protection Act ;

[ 11 ] ORDERS that X be entrusted to his grandparents (

C) for a period of six months followed by a reintegration with the mother providing that she has remained sober for a period of four consecutive months; [ 12 ] ORDERS the parents to be and remain sober when in presence of X; [ 13 ] ORDERS that access rights be encouraged, but supervised by the Director of Youth Protection as for the modalities and the frequency; [ 14 ] ORDERS the parents to have a reliable babysitter and to disclose to the Director of Youth Protection the identity of this babysitter; [ 15 ] ORDERS that the child receive all medical care required by his condition; [ 16 ] ORDERS both parents to seek help for their personal issues; [ 17 ] ORDERS that aid, counselling and assistance be provided to the family for a period of one year; [ 18 ] ORDERS any police force to collaborate with the execution of the Court orders if requested to do so by the Director of Youth Protection or one of its representatives; [ 19 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the purpose of the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Camille Champeval DPJ Conseil A Lawyer for the applicant Mtre. Constantin Kiryakidis Centre communautaire juridique A Lawyer for the child Mtre. Marie-Josée Ayoub Lawyer for the parents Date of hearing: July 27, 2017