2019 QCCQ 12336, 2019 QCCQ 12336

Protection de la jeunesse — 192863 2019 QCCQ 12336 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division Nos.: 635-41-000644-150; 635-41-000645-157; 635-41-000646-155 DATE: March 19, 2019 ______________________________________________________________________ PRESIDING: THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A Applicant and X, born on [...], 2004 Y, born on [...], 2005 Z, born on [...], 2007 Children and A Mother and B Father ______________________________________________________________________ JUDGMENT ON APPLICATIONS FOR EXTENSION (Sections 95(para. 2) and 75, Youth Protection Act , CQLR, c.

P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified. Every person who contravenes this provision commits an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection applied for the extension of a decision under s. 95 of the Youth Protection Act , [1] rendered on March 29, 2018, by the Honourable Jean Gravel, J.C.Q.

At that time, he declared that the security and development of X, born on [...], 2004, Y, born on [...], 2005, and Z, born on [...], 2007, were still in danger and entrusted them to the mother. [ 2 ] At the hearing, the children were present and assisted by counsel. The parents were also present and each was assisted by different counsel. Facts: [ 3 ] The mother and her boyfriend, Mr. C, still display conjugal violence issues. On several occasions, the children witnessed domestic violence between the mother and Mr. C when they were intoxicated.

Since the last Court hearing, the police have had to intervene on several occasions with the mother and Mr. C. [ 4 ] On September 8, 2018, the children’s sibling assaulted Mr. C with a rock when the mother and Mr. C were intoxicated. [ 5 ] On February 14, 2019, the mother informed Youth Protection that she had ended her relationship with Mr. C and that he had moved back to his mother’s home but, at the hearing, Mr.

C was back in the mother’s life. [ 6 ] The mother has been unemployed since August 2018, but the situation recently changed on February 14, 2019, when the mother returned to work as an educator at the [Center A]. [ 7 ] The mother’s cooperation has improved as she seeks help from Social Services. [ 8 ] The father continues to cooperate with Youth Protection and is involved in his children’s life. [ 9 ] Since the last Court hearing, Y has significantly improved his behaviour at school, but is still not attending on a regular basis. Position of the parties:

[ 10 ] The parties agreed with the recommendations of Youth Protection. FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the applications; [ 12 ] EXTENDS the decision or order rendered on March 29, 2018; [ 13 ] DECLARES that the security and development of X, born on [...], 2004, Y, born on [...], 2005, and Z, born on [...], 2007 are still in danger; [ 14 ] ORDERS that X, Y and Z remain in their mother’s care; [ 15 ] ORDERS that the children visit their father every other weekend under the condition that he is sober and that his living environment is suitable for his children; [ 16 ] ORDERS the children and the children’s parents to take an active

part in the application of any of the measures ordered by the Court; [ 17 ] ORDERS the children and the children’s parents to report in person, at regular intervals, to the Director of Youth Protection to inform him of their current situation; [ 18 ] ORDERS that the children and the children’s parents receive the services of an external educator for the period deemed necessary by the professional; [ 19 ] ORDERS the mother and Mr. C to remain sober in the presence of the children; [ 20 ] ORDERS the mother and Mr.

C to refrain from engaging in any form of aggression or violence in the children’s presence; [ 21 ] RECOMMENDS that the mother seek help through Social Services for her relationship issues; [ 22 ] AUTHORIZES the Director of Youth Protection to access the information regarding the mother’s presence at appointments with professionals and her level of involvement with the services provided; [ 23 ] AUTHORIZES the Director of Youth Protection to carry out unannounced visits at the father’s residence when the children are present; [ 24 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the children and the children’s family; [ 25 ] ORDERS the execution of the present decision by any peace officer; [ 26 ] ENTRUSTS the situation of the children to the Director of Youth Protection, who shall then see that the measures are carried out.

THE WHOLE UNTIL DECEMBER 31, 2019. __________________________________ MARC OUIMETTE, J.C.Q. Mtre Geneviève Apollon Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Isabelle Martineau Centre communautaire juridique A Counsel for the children Mtre Émilie Gélineau Counsel for the mother Mtre Angèle Tommasel Counsel for the father Date of hearing: March 19, 2019