2018 QCCQ 19048, 2018 QCCQ 19048

Protection de la jeunesse — 1810193 2018 QCCQ 19048 COURT OF QUEBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 614-41-000353-187 614-41-000354-185 614-41-000355-182 DATE: November 28, 2018 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2008 Y, born on [...], 2011 Z, born on [...], 2014 [SOCIAL WORKER 1], youth protection worker, youth protection worker, duly authorized by the Director of Youth Protection A, [...] Applicant and A, [...] Mother and B, [...] Father ______________________________________________________________________ JUDGMENT (sections 38, 75 and 91 of the Youth Protection Act ) ______________________________________________________________________ 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 A (the Director) seizes the Court with three applications asking that the security and development of Z, 4 years old, Y, 6 years old and X, 10 years old, children of A and B, be declared in danger because the parents fail to provide them the appropriate supervision, the serious risk that the parents do not provide them their basic needs, and the psychological ill-treatment (section 38 b) 1 o iii, b) 2 o and

c) of the Youth Protection Act ). [ 2 ] The parents are present at the hearing assisted by Me Michel Grenier for the father and Me Marie-Josée Ayoub for the mother. The children X and Y are present and Me Yan Massé represents the three children.

Me Adelia Ferreira represents the applicant. [ 3 ] The evidence is constituted of the admissions of all the parties, the evaluation, orientation and revision reports and the testimony of the applicant, Mrs. [Social worker 1]. [ 4 ] The following facts are proven. [ 5 ] The children X, Y and Z were placed on voluntary measures for a year, from August 6, 2017, to August 6, 2018. [ 6 ] The parents have a history of drinking. They declared that they have been sober since November 2017. Even though they want now to attend treatment for their alcohol issues. [ 7 ] They have issues of conjugal violence.

They met in the past a psychotherapist in order to solve those issues but the conjugal violence issues are still present. [ 8 ] The parents are now committed to attend a counsellor in the community. [ 9 ] They live with the paternal grandparents. They have a newborn baby since June 2018. [ 10 ] The children are doing well in their foster families. X remained with his paternal grandfather because no foster home could deal with his behaviour. He does not respect rules, curfews and has behavioural issues at school.

Last January 2018, he was suspended from school and was allowed to go back only half days. [ 11 ] Considering that the parents do not seek for the specialised services they need for their personal and drinking issues; [ 12 ] Considering that those issues affect significantly their parental capacities;

[ 13 ] Considering that the children's needs are not their priority and that the child X is misbehaving as consequence of the parent’s behaviour; [ 14 ] The Court DECLARES the security and development of the three children in danger in regards to

section 38 b) 1 o iii, b) 2 o and

c) of the Youth Protection Act . [ 15 ] As applicable measures, at first the applicant was recommending that the children be maintained with the parents. Unfortunately, the parents deliberately failed to inform the social worker of facts that justify a change of the recommendations. Indeed, the parents are back together and they relapsed in their old habits of consumption and violence. [ 16 ] The father never got involved in therapy for his aggressivity and alcohol abuse. He met with the mother counsellor once. They attended a workshop to develop parental skills.

They didn’t show sufficient motivation and honesty to be in position to assume the children, even if they would be maintained with the mother with exclusion of the father. [ 17 ] Consequently, the social worker recommends the placement of the three children for six months.

The duration of the placement is sufficient to evaluate the parent’s commitment and their attachment towards the children. [ 18 ] Considering the evidence; [ 19 ] Considering the children interest; FOR THOSE MOTIVES, THE COURT: [ 20 ] GRANTS the motions; [ 21 ] DECLARES that the security and development of X, born on [...], 2008, Y, born on [...], 2011, and Z, born on [...], 2014, are in danger; [ 22 ] ORDERS the placement of Z and Y in foster home for six months; [ 23 ] TAKES NOTICE that the foster parent of Y is her maternal grandmother; [ 24 ] ORDERS the placement of X with his paternal grandfather; [ 25 ] ALLOWS the reintegration of the children with the mother if she succeeds to remain sober for a period of three months; [ 26 ] PROHIBITS the parents to be under the influence of alcohol in the presence of the children; [ 27 ] ORDERS the Director to supervise all the visits and contacts between the children and the parents as for the modalities, the frequency, the duration, the location and presence of a third party if required; [ 28 ] ORDERS the parents to attend therapy for their alcohol and drug issues; [ 29 ] ORDERS the father to attend therapy for his violent behaviour; [ 30 ] ORDERS the parents to authorize their therapist to provide information concerning their follow-up to the social worker; [ 31 ] ORDERS X to attend school regularly; [ 32 ] ORDERS the Director to provide aid, counsel and assistance to the children and the parents for 12 months; [ 33 ] ORDERS the parents to collaborate actively with the social worker; [ 34 ] ORDERS the police to collaborate to the execution of the present judgment; [ 35 ] ENTRUSTS the situation of the children to the Director who shall then see that the measures are carried out. __________________________________ DENYSE LEDUC, J.C.Q.

Me Yan Massé Attorney for the children Me Adelia Ferreira Attorney for the applicant Me Marie-Josée Ayoub

Attorney for the mother Me Michel Grenier Attorney for the father Date of hearing: November 16, 2018