2010 QCCQ 17854, 2010 QCCQ 17854

Protection de la jeunesse — 105175 2010 QCCQ 17854 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] “Youth division” N o : 635-41-000382-108 635-41-000383-106 DATE: December 17, 2010 ______________________________________________________________________ BY THE HONOURABLE MARC E.

GRIMARD, J.Q.C. ______________________________________________________________________ SOCIAL WORKER 1, youth protection worker, duly authorized by the Director of Youth Protection [of Youth Center A], working town A Applican t -and- X , born […], 1999 Y , born […], 1995 Children -and- A , residing and domiciled town A , Quebec, district A Mother ______________________________________________________________________ JUDGMENT Sections 38 & 75 Y.P.A., R.S.Q. c.

P.-34.1 ______________________________________________________________________ [ 1 ] The director of youth protection asked the Court to declare that the security and development of Y, born […], 1995, and X, born on […], 1999, are in danger under paragraph b) of

Section 38 YPA. The applicant recommends entrusting them to their mother with several measures of help for a period of six months. [ 2 ] All the parties are present and represented. The mother admitted all the allegations and agreed with the recommendations; children for their part admitted half of them and denied the rest, but agreed with the measures. [ 3 ] In the petitions concerning the two children, A is described as being the adoptive mother. In fact, she is the mother of both children. It seems that B, the maternal grandmother, is the adoptive mother of Y but this was never legalized.

Youth Protection has been involved with this family since 2002 and some of the reports were retained but closed after evaluation or orientation. [ 4 ] The children live with their mother, maternal grandmother, aunt, uncles and a cousin. Gambling and alcohol abuse are regular in this house; the police had to intervene on several occasions. The mother has an antagonistic relationship with her sister C; they often argue and fight in front of the children. This situation has been going on for many years.

The maternal grandmother would like them to stop or live somewhere else but there is no housing available in the community. The children are exposed to conflicts, drinking and gambling. They began to display behaviour problems; they have no curfew or structure. [ 5 ] X is only 11 years old and stays out late at night, up to 10 o’clock pm during the week and until 1 o’clock am during the weekend. Her friends are older than her. She leaves the house mostly because of the fights between her mother and her aunt, the drinking and the gambling.

She has started to smoke cigarettes and is late for school almost every morning; probably because she does not get enough sleep during the night.

[ 6 ] As for Y, he is also seen in the community late at night. He has started smoking marijuana and he is not attending or is late at school. His uncle D can be violent towards him and requesting that he finds money, drug and alcohol. [ 7 ] The maternal grandmother is overwhelmed by the situation and by her grandchildren’s behaviour. She mentioned that she cannot kick them out as there are no housing available in the community. The mother knows that the situation is problematic but she feels that she is not responsible for it.

Some help was offered to help her deal with her sister, her dinking and gambling but she is reluctant to receive any help. Lately, she has diminished her drinking. [ 8 ] X’s situation in school is improving so is Y (he is involved in sports at school which encourages him). Both children need a secure and structure environment. The petitioner was requesting that the children be entrusted to their mother with measures for a period of six months. The problems of this family have been present for many years and the mother must show, in a short period of time, that she can correct the situation.

For that reason, the Court will grant the petitions but only for a period of three months. [ 9 ] Considering the admissions of the parties, the testimonies and the reports filed, the Court is convinced that the recommendations are in the best interest of the children and that they respect their rights. FOR THESE MOTIVES, THE COURT: GRANTS partially the petitions; DECLARES that the security and development of Y, born […], 1995, and X, born […], 1999, are in danger under

Section 38 YPA; ORDERS • that the children remain with their mother and that she report periodically (at least once a week) to the director on the measures she applies in her regard and in the children’s regard to put an end to the situation in which the security and development of the children are in danger; • that a person working for an institution or body provide help, counsel or assistance to the children and their parents, • that the children and the mother take an active

part in the application of any of the measures ordered by the tribunal, • that the children attend school every day and that the mother take the necessary steps to make sure they do, • the mother to seek help from a CLSC counsellor concerning parental abilities, drugs and alcohol consumption, • the mother to address her alcohol and drug problems by attending AA meetings, All measures are for a period of three months.

ENTRUSTS the children’s situation to the Director who shall see that the measures are carried out; ORDERS the execution of the present judgment by any peace officer. __________________________________ Marc E. Grimard, JQC M e Wolfgang Mercier-Giguère Counsel for the applicant M e Denis Trottier Counsel for the children M e Marie-Claude De Gagné Counsel for the mother Date of hearing: November 9, 2010