2014 QCCQ 14086, 2014 QCCQ 14086

Protection de la jeunesse — 142134 2014 QCCQ 14086 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] LOCALITY […] Youth Division No: 640-41-001720-140 DATE: April 15, 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 development of X, […] months old, be declared endangered pursuant to sections 38 b) 1° iii), 38 b) 2° and 38

c) of the Youth Protection Act [1] . [ 2 ] At the hearing, the parents are present and represented by Mtre. Claude Beaudet. Mtre. Myriam Gaudreault acts on behalf of the young child and Mtre. Gabriel Gaudreault represents the Director of Youth Protection. [ 3 ] The parents made the following admissions: 3.1. The Director of Youth Protection had already intervene with this family before; 3.2. Both parents have alcohol consumption issues and conjugal violence problems; 3.3.

On November 2, 2013, the Director of Youth Protection received a report concerning a situation where the parents were intoxicated while the child was present; 3.4. When the Director of Youth protection went to the house both parents were intoxicated and the father had been detained for domestic violence; 3.5. On November 4, 2013, voluntary measures were signed and the child remained with the parents with strict conditions; 3.6. On March 1, 2014, the Director of Youth Protection received another report concerning a situation where both parents were intoxicated while the child was again present; 3.7.

On March 3, 2014, the child has been placed in foster care under provisional agreement; 3.8. When the parents are not in agreement with the delegates of the Director of Youth Protection, they intend to go higher and speak to another level. [ 4 ] Both parents acknowledge that they are facing alcohol and conjugal issues and that they must take steps in order to solve the problems. Both parents are going to be admitted in treatment centres during the month of April for a duration of 6 weeks.

They also intend to participate to a Family Life Conference to be held in TOWN A at the beginning of April. [ 5 ] The parents deeply love their child and it is their main motivation to seek help in order to solve their problems and have X back

with them as soon as possible. [ 6 ] The Court is confident that if the parents go through the whole period of treatment they will be able to change their lifestyle. [ 7 ] The parents agree with the measures proposed by the Director of Youth Protection. [ 8 ] CONSEQUENTLY, THE COURT: [ 9 ] GRANTS the motions; [ 10 ] DECLARES that the security and development of X, born on […], 2013, are endangered pursuant to sections 38 b) 1° iii), 38 b) 2° and 38

c) of the Youth Protection Act ; [ 11 ] ORDERS the placement of X in a foster family for a period of 6 months with the possibility of a reintegration after 3 months, if the situation allows it; [ 12 ] ORDERS the parents to receive and collaborate with a psychological follow-up for as long as deemed necessary by the professional; [ 13 ] ORDERS that aid, counselling and assistance be provided to the child and his parents for a period of 12 months; [ 14 ] ORDERS that access rights between the parents and the child be favoured and supervised by the Director of Youth Protection as for the frequency and the modalities; [ 15 ] ORDERS the parents to be and remain sober when in presence of X; [ 16 ] ORDERS the parents not to put the child in presence of people under the influence of intoxicating substances; [ 17 ] ORDERS the parents to collaborate with the Director of Youth Protection and its representatives; [ 18 ] ORDERS to 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 X's situation to the Director of Youth Protection for the purpose of the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Gabriel Gaudreault Counsel for the applicant Mtre. Myriam Gaudreault Counsel for the child Mtre. Claude Beaudet Counsel for the parents Date of hearing: March 25, 2014