2014 QCCQ 20482, 2014 QCCQ 20482

Protection de la jeunesse — 148514 2014 QCCQ 20482 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001849-147 DATE: December 18, 2014 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on […], 2013 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 the development of X, 21 months old, are endangered pursuant to

section 38

b) iii) of the Youth Protection Act , that is to say failing to provide the child with the appropriate supervision and support. [ 2 ] At the hearing, both parents are present. Mtre. Michel Grenier acts on behalf of the mother and Mtre. Egervari assists the father. Mtre. Aubrée Coutanson represents the young child and Mtre.

Gabriel Gaudreault is acting on behalf of the applicant. [ 3 ] The parents acknowledge that the security and the development of X are endangered and the mother admits the following facts : • On October 9, 2014, she left her two children under the care of the grandfather who was passed out; • The grandmother didn’t know that the children were at her place until she heard one of them crying; • On October 10, 2014, the grandmother brought the two children to the Director of Youth Protection saying that she could not take care of her grandchildren anymore; • The grandmother was on her way to the women’s shelter in Town A; • The children were placed on emergency measures; • The mother came and met with the Director’s representatives on October 14, 2014, and stated that she would like to get help for her alcohol related problem; • On October 17, 2014, a new report was made to the effect that the grandfather and the brother of the mother were intoxicated in the presence of the children; • The mother was not present at that time; • X and her brother were placed in a foster family on the same day; • From October 17 to October 22, 2014, the mother didn’t try to reach the Director of Youth Protection’s representative in order to

know where her children were or to meet with a social worker. [ 4 ] During the month of October, the father was working in the bush and came back in the community at the end of the month. So, the father is not aware of the majority of the facts alleged in the petition. [ 5 ] When those events occurred, the mother was living with the father of X’s brother. However, recently the mother resumed her relationship with X’s father.

To this day, the situation is still unstable. [ 6 ] The father adds that the mother already told him that she wanted to get help for her consumption issue. [ 7 ] With these admissions, the Court declares that the security and the development of X are endangered because of the lack of supervision and support of the parents. [ 8 ] Both parents agree with the measures recommended by the Director of Youth Protection.

Just before the Court, the Director of Youth Protection amended his recommendations about the measures, now seeking a shorter placement of six months. [ 9 ] The child’s counsel considers that the measures recommended are in the best interest of her young client and respect her rights. [ 10 ] Both parents also agree to be assessed by the [program A] worker and if this assessment reveals any problem in relation with alcohol or drug consumption, they commit themselves to follow any recommendations made by the [program A] worker. [ 11 ] During the placement of the child, it will be very important that the parents be present and exercise their access rights with X on a regular basis to maintain the bond between the child and the mother and to recreate the bond between the father and the child. [ 12 ] For these motives, the Court : [ 13 ] GRANTS the motion; [ 14 ] DECLARES that the security and development of X, born on […], 2013, are endangered (38

b) iii) YPA ); [ 15 ] ORDERS the placement of the child in a foster family for a period of six months with reintegration during the last two months either with both parents or with one or the other parent if they do not live together, provided that the situation allows to do so; [ 16 ] ORDERS that both parents be assessed within sixty days by the [program A] worker about a possible alcohol or drug addiction and ORDERS the parents to follow any recommendation made by the said [program A] worker; [ 17 ] ORDERS that access rights be available to the parents as often as possible and ORDERS that these access rights be supervised by the Director of Youth Protection as for the modalities and the frequency; [ 18 ] ORDERS that aid, counselling and assistance be provided to the child and both parents for a period of six months; [ 19 ] ORDERS that the parents be and remain sober at all times when in presence of X; [ 20 ] ORDERS the parents not to put the child in presence of people under the influence of intoxicating substances; [ 21 ] ORDERS that the parents seek help in order to address their co-parenting issues; [ 22 ] 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; [ 23 ] ENTRUSTS the child’s situation to the Director of Youth Protection for the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Gabriel Gaudreault Arpin, Gaudreault Attorneys Counsel for the applicant Mtre. Aubrée Coutanson Centre communautaire juridique A Counsel for the child Mtre. Clara Lafrance-Egervari Counsel for the father Mtre. Michel Grenier Counsel for the mother Date of hearing: December 9, 2014