2019 QCCQ 19346, 2019 QCCQ 19346

Protection de la jeunesse — 198181 2019 QCCQ 19346 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] “Youth Division” No.: 650-41-003203-193 DATE: October 3, 2019 PRESIDING: THE HONOURABLE LOUISE GALLANT, J.Q.C. In the case of: X Child and [SOCIAL WORKER 1] Person authorized by the Director of Youth Protection Applicant and A Mother and B Father JUDGMENT WARNING: The Youth Protection Act forbids 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 Court hereby confirms and gives reasons in writing for the decision rendered from the bench on October 3, 2019, on an Application for protection regarding X (5 years old), Y (2 years old) and Z (8 ½ years old) . [ 2 ] On August 2 and 19, 2019, youth protection services received a report that the security or development of the child may be in danger because of the parents failing to provide her with the appropriate supervision and because of a serious risk that the child’s parents were not providing for her basic needs. [ 3 ] The children were alone at home, even though the eldest child is only 8 years old. [ 4 ] On August 2, the parents left the children alone for the night.

The mother explained that she was drinking with some friends and that the father was with some friends too, but the father stated that he left only in the morning. [ 5 ] On August 16, at around 10 p.m., a police officer found the children alone outside. The father explained that he was at the neighbour’s place for 15 minutes, but the police officer waited more than 20 minutes. [ 6 ] The children did not want to go inside the house because they were afraid of the dark.. [ 7 ] The mother leaves home for many days when she uses speed and she is aggressive for some days when she comes back.

The child Z has three wishes: no fighting at home, no screaming and that they all love each other. [ 8 ] X is 5 years old. Her development is normal.

Her vulnerability must be assumed to be a little higher than that of other children in her age group, given the difficulties her parents are currently experiencing. [ 9 ] The Court concludes that the children’s security and development are in danger because of a serious risk of neglect by the mother because of addiction problems, because of the parents failing to provide the children with the appropriate supervision, and because the children are exposed to psychological ill-treatment after conflict between the parents .

[ 10 ] The application, to which the parties consent, is in the best interest of the children, and therefore should be granted.

FOR THESE REASONS, THE COURT: GRANTS the application; DECLARES that the security and development of the child are in danger; MAINTAINS the child with her parents; ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child and the child’s family for a period of six months; ORDERS the mother to take all necessary means to solve her addiction problems; ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order. LOUISE GALLANT, J.Q.C.

M e Lyne Monger Attorney for Youth Protection M e Chantal Gaudreau Attorney for the child Date of hearing: October 3, 2019