2017 QCCQ 13726, 2017 QCCQ 13726

Protection de la jeunesse — 176090 2017 QCCQ 13726 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] CREE VILLAGE OF [...] Youth Division Nos. 614-41-000217-176 614-41-000218-174 614-41-000219-172 DATE: September 14, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE RENÉE LEMOINE J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2013 Y , born on [...], 2015 Z , born on [...], 2016 [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth protection A, working in City A, District A Applicant and A, residing and domiciled in City A, District A Mother and B, residing and domiciled in City A, District A Father ______________________________________________________________________ JUDGMENT ( sections 38 and 75 of the Youth Protection Act , CQLR, c.

P-34.1) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified.

Every person who contravenes this provision is guilty of 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 (D.Y.P.) has filed an application to have the security and development of the children X, born on [...], 2013, Y, born on [...], 2015 and Z, born on [...], 2016, declared to be in danger due to the risk of neglect because of the parents' lifestyle and the lack of supervision, given the children's young age. [ 2 ] At the hearing, the parents were present and represented by their respective counsel.

They admitted most of the allegations in the application and agreed with the recommendation concerning the measures proposed by the D.Y.P. [ 3 ] The Court considers that there is a preponderance of evidence that: − On March 30, 2017, the parents confirmed that they consumed cocaine, speed and marijuana and drank alcohol, all in presence of the children; − The parents have undertaken to stop consuming alcohol and drugs and clean up the home; − On April 21, 2017, during an unannounced visit to the family home, the worker saw Z still sleeping in a baby chair.

The mother stated she could have gotten a crib for the baby but she had not gone to pick it up; − The room where the children were sleeping was very messy, cold and smelled of urine; − The father was arrested because he was intoxicated and got into a fight with his brother. The police intervened at home. The children were present at the time of the incident; − On April 21, 2017, the children were brought to the clinic for a medical assessment. The child Y had scabs in the nose, behind the head and under certain finger nails.

The child Z had a cradle cap and fungus on the neck and leg; − On April 21, 2017, immediate protective measures were requested and the children were placed in a foster home. [ 4 ] There is a preponderance of evidence indicating a serious risk that the children’s parents are not providing for their basic needs under

section 38 ( b ) (2) of the Youth Protection Act .

[ 5 ] As concerns the lack of supervision in regard to

section 38 (b)(1)(iii) of the Youth Protection Act , the parents denied the allegations and the applicant did not submit any evidence regarding the fact that the security and development of the children are in danger in this respect. Applicable measures [ 6 ] The parents confirmed their ongoing substance use, i.e. alcohol, marijuana and speed/cocaine, while the children are in their care. [ 7 ] Mr. B, the father, attended a six-week treatment program in January, 2017.

He did not complete the program and returned home after a request from the mother. [ 8 ] Nevertheless, both parents have attended their respective treatment program recently and have remained sober. They are open to receive services to improve their overall life style. [ 9 ] The father works at the mine on a

schedule of fourteen days at work and fourteen days off. This

schedule adversely affects his involvement with the social worker. It will be important for him to cooperate actively when he is present in the community, in order to resolve his personal issues. [ 10 ] It will be important for the parents to demonstrate over the next few months that they are able to remain sober for certain periods of time. The relationship between the parents is not clear. They have decided to live apart and separate during the summer.

They will have to clarify their situation and decide if a co-parenting arrangement will be in the children’s best interest. [ 11 ] Their living environment is also at issue. The family’s house will have to be repaired in order to ensure the safety of the children. [ 12 ] Given the evidence, the Court is of the opinion that the Director of Youth Protection’s recommendations are appropriate.

FOR THESE REASONS, THE COURT: [ 13 ] ALLOWS the application; [ 14 ] DECLARES that the security and development of the children X, born on [...], 2013, Y, born on [...], 2015 and Z, born on [...], 2016 are in danger; [ 15 ] ORDERS the placement of Y and Z in a foster home for six months, with the possibility of reintegration with the parents after four months, if the situation allows; [ 16 ] ENTRUSTS the child X to the maternal grandparents for six months, with the possibility of reintegration with the parents after four months, if the situation allows; [ 17 ] ORDERS that contact between the children and the parents be supervised by the Director of Youth Protection; [ 18 ] RECOMMENDS that contact be frequent in order to ensure the development of an attachment bond, particularly for Z; [ 19 ] ORDERS that the parents receive personal counseling; [ 20 ] ORDERS that the parents receive family counseling; [ 21 ] ORDERS that the parents attend a parenting workshop; [ 22 ] ORDERS that the parents remain sober and that they ensure that there are no individuals under the influence of drugs or alcohol in the presence of the children; [ 23 ] ORDERS that the parents cooperate with the Director of Youth Protection worker and meet with the worker upon request; [ 24 ] ACKNOWLEDGES the consent given by the parents in order for the Director of Youth Protection to obtain and share information with all the service providers working with the children and the family regarding attendance, frequency and level of participation; [ 25 ] ORDERS that aid, counselling and assistance be provided to the children and the family for one year; [ 26 ] ENTRUSTS the situation of the children to the Director of Youth Protection, who will see that the measures are carried out. __________________________________ RENÉE LEMOINE J.C.Q.

Mtre. Yan Massé Counsel for the children Mtre. Camille Champeval Counsel for the applicant Mtre. Marie-Josée Ayoub Counsel for the mother Mtre. Michel Grenier Counsel for the father Date of hearing: August 15, 2017