2019 QCCQ 16003, 2019 QCCQ 16003

Protection de la jeunesse — 1910365 2019 QCCQ 16003 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000938-198 DATE: April 18, 2019 (written judgment rendered on October 15, 2019) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2009 [SOCIAL WORKER 1] and [SOCIAL WORKER 2], Youth Protection workers duly authorized by the Director of Youth Protection A, working in [...] Applicants and A, residing and domiciled at [...] Mother and B, residing and domiciled at [...] Father ______________________________________________________________________ JUDGMENT (Section 38 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 (DYP) asks the Court to declare that the security and development of the child X, born on [...], 2009, are endangered under

section 38 (b) (2) [1] of the Youth Protection Act . [ 2 ] The Court is also seized with an application for protection concerning the older sister of the child. Position of the parties [ 3 ] The parents are absent and not represented. The Court, considering that they were duly served and received a subpoena to be present, decided not to come and the best interest of the child, proceeds in their absence. [ 4 ] X, who is 9 years old, is present and represented by Me Jennis. She ignores most of the allegations, and she agrees with the measures. The child’s lawyer asks for unannounced visits at home.

Facts [ 5 ] The parents have a history of alcohol consumption issues. The child is often left without proper supervision when the parents consume, and is frequently in contact with her parents while they are highly intoxicated. [ 6 ] Also, because of this poor supervision, X is not going to school regularly. Her older sister is not going to school for the last two years, and the parents did not intervene either.

According to her teacher, she is a very brilliant student with a high potential. [ 7 ] According to the DYP worker, despite the absence of the parents and the aspects to be worked on, the parents collaborate well with the services. Moreover, many family members are very supportive as the sister Y who is 31 or 32 years old. [ 8 ] The DYP worker made a request for the service of an external educator, but this service is not started yet. When it was suggested to him, if he considers that unannounced visits would be beneficial, he said yes because of the high frequency of consumption of the parents.

Analysis [ 9 ] The situation of X shows a high risk of neglect. The parents do not seem to realize the seriousness of their situation and the impact of their consumption on their children. [ 10 ] Many issues were raised for the older sister. It will be important that the situation of X does not deteriorate as the one of her older sister.

FOR THOSE REASONS, THE COURT: [ 11 ] GRANTS the application; [ 12 ] DECLARES that the security and development of the child X, born on [...], 2009, are in danger under

section 38 (b) (2) of the Youth Protection Act; [ 13 ] ORDERS that the child remain with the parents; [ 14 ] ORDERS that the child and the family receive the services of an external educator immediately; [ 15 ] ORDERS that the child attend school on a daily basis; [ 16 ] AUTHORIZES the Director of Youth Protection to conduct unannounced visits at the parents’ home; [ 17 ] ORDERS that the parents periodically report to the Director of Youth Protection on the measures they apply in their own regard or in their child’s regard to put an end to the situation in which her security and development are endangered; [ 18 ] ORDERS that the child and the parents take an active

part in the measures ordered by the Court; [ 19 ] ORDERS that child and the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 20 ] ORDERS that the parents remain sober in the presence of the child; [ 21 ] RECOMMENDS that the parents seek help through the Social Services concerning their alcohol, drugs and personal issues; [ 22 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the child and the family; [ 23 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 24 ] THE WHOLE until March 31, 2020. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Geneviève Apollon, attorney for the Director of Youth Protection Me Caroline Jennis, attorney for the child Date of hearing: April 18, 2019