2013 QCCQ 17530, 2013 QCCQ 17530

Protection de la jeunesse — 136062 2013 QCCQ 17530 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division DATE: October 24, 2013 ______________________________________________________________________ BY THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A Applicant and X, born on [...], 2009 635-41-000531-134 Y, born on [...], 2010 635-41-000532-132 Z, born on [...], 2012 635-41-000533-130 Children and A Mother and B Father ______________________________________________________________________ JUDGMENT ( sections 38 and 75 , Youth Protection Act , R.S.Q. c.

P-34.1) ______________________________________________________________________ [ 1 ] The Director of Youth Protection submitted three motions asking the Court to declare that the security and the development of X, Y and Z are endangered pursuant to subparagraphs ( b )(2) and (

c) of the second paragraph of

section 38 of the Youth Protection Act [1] . [ 2 ] The children were not present at Court, but were represented by a counsel. A counsel represented both parents. [ 3 ] The parents signed an agreement on voluntary measures for each of the children. The parents failed to comply with their undertaking. The Director of Youth Protection presented a motion under

section 38 of the Youth Protection Act . [2] [ 4 ] The parents admitted the following facts: • The Director of Youth Protection has been intervening with the family since 2011; • In 2011, the Director of Youth Protection received reports concerning the children and situations of neglect and violence in the home; • During the month of July 2012, the Director of Youth Protection received reports concerning the children and situations of neglect, risk of neglect and psychological ill-treatment; • The parents were facing issues about how to budget their incomes as well as their parental ability to meet their children’s needs; • The mother also had alcohol consumption and gambling issues, and emotional difficulties; • The parents were cooperating quite well and somewhat improved their parenting skills with the help of Youth Protection; • Since 2011, the Director of Youth Protection has been guiding the family toward voluntary measures; • On February 8, 2013, voluntary measures were signed by the parties; • During the past few months, it was observed that the parents still have difficulties with their parenting skills and with managing their finances;

• The mother still has some gambling issues and emotional difficulties; • The mother sometimes decides to leave the home and her whereabouts are unknown; • The father is the main caregiver in the family; • There are still arguments at home and anger outbursts from the father, especially when the mother leaves the home; • The father acknowledges that he still consumes marijuana, but not on a daily basis as he did before. [ 5 ] The youth protection worker recommended that the three children remain with the parents. [ 6 ] The parents and the children’s counsel admitted that the security and the development of the children were endangered and agreed with the youth protection worker’s recommendations. [ 7 ] FOR THESE REASONS, THE COURT: [ 8 ] GRANTS the motions; [ 9 ] DECLARES that the security and the development of the three children are in danger under

section 38 ( b ), “neglect”, and ( c ), “psychological ill-treatment”; [ 10 ] ORDERS that children remain with the parents; [ 11 ] ORDERS that the parents refrain from any form of violence (whether verbal or physical) in the presence of the children; [ 12 ] ORDERS that the parents continue to address their children’s medical needs; [ 13 ] ORDERS that the parents refrain from using drugs or alcohol in the presence of the children; [ 14 ] ORDERS that the children never be left unsupervised; [ 15 ] ORDERS that the parents continue to seek help to address their personal issues; [ 16 ] ORDERS that the mother seek help to address her gambling addiction; [ 17 ] ORDERS that the father seek help to address his anger, violence and drug use problems; [ 18 ] ORDERS that the parents cooperate with the youth protection delegate as required; [ 19 ] ORDERS that the parents follow the recommendations of the medical professionals and follow up on any recommendations given; [ 20 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the children and the family; [ 21 ] ORDERS the police to cooperate in the execution of this judgment; [ 22 ] ENTRUSTS the situation of the children X, Y and Z to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 23 ] THE WHOLE FOR A PERIOD OF THREE MONTHS. __________________________________ MARC OUIMETTE, J.C.Q.

Mtre. Gabriel Gaudreault Cain Lamarre Casgrain Wells Counsel for the applicant Mtre. Myriame Gaudreault Bureau d’aide juridique A Counsel for the children Mtre. Marie-Claude De Gagné Counsel for the parents Date of hearing: August 27, 2013