2013 QCCQ 13065, 2013 QCCQ 13065

Protection de la jeunesse — 134310 2013 QCCQ 13065 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Child Division” No: 635-41-000509-130 DATE: September 27, 2013 ______________________________________________________________________ BY THE HONOURABLE MARC E.

GRIMARD, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A C.Y.P.C., working in A City Applicant -and- X, residing and domiciled in A City, province of Québec, district A Child -and- A, residing and domiciled in A City, province of Québec, district A Mother -and- B, residing and domiciled in A City, province of Québec, district A Father ______________________________________________________________________ JUDGMENT ( Sections 38 and 75 , Youth Protection Act, R.S.Q c.

P-34.1 ) ______________________________________________________________________ [ 1 ] The Court is seized of a motion under Sections 38 and 75 of the Youth Protection Act concerning X, born on […], 2006. [ 2 ] At the hearing, the child is absent but represented by M e Myriame Gaudreault.

The parents are both present and represented by their respective lawyer. [ 3 ] The applicant is recommending to the Court that the child be entrusted to a foster home for a period of six (6) months with the possibility of a progressive reintegration if the situation allows it, with other measures including that the father accept to receive a psychological evaluation. All the parties agree with the recommendations. [ 4 ] On September 18, 2013, it was reported to the Youth Protection services that his sister had been physically abused by his older sister.

Even though the mother was aware of the situation and disciplined her older daughter, it seems that the abuses continued. Finally, the sisters reconciled and the file was closed. [ 5 ] Around the same time, the situation of the child was evaluated. He was 7-years-old. During the course of the evaluation, Youth Protection learned that the parents had alcohol related problems and that the father was displaying anger management issues towards his wife and, mostly, his son. [ 6 ] In January 2013, the father assaulted the mother while he was intoxicated. He was arrested and detained.

He was released on or about April 1, 2013 and was to return to live with the mother. [ 7 ] While the father was detained, the police had to intervene at the mother’s house on March 22, 2013 as there was a highly intoxicated man in the house while the child was present. The mother was absent. When she came back later on, she was highly intoxicated. [ 8 ] The mother and the father have been in a relationship for over 17 years. Both have struggled with alcohol problems.

They have searched help from AA meetings in the past and both have attended different therapies. [ 9 ] Since his birth, the child was placed under emergency measures 8 times and there was also a provisional agreement of foster care in 2009. On April 2, 2013, the child was placed in foster care under provisional measures with his aunt, C, for the time being. [ 10 ] The mother states that, when the father drinks, he can be very violent, that she gets very scared of him and that is why she never

asked him to leave the house. The mother is confused in her relationship with the father. When he is in prison, she seems to gain courage and the will to leave him. When he is released from prison, she accepts that he comes back and lives with her and her children. [ 11 ] At C’s home, the child is developing well and the foster mother notes no difficulties nor abnormalities in the child’s behaviour. He seems to have a good bond with his mother but gets upset at her when she is intoxicated. He expressed being scared of his father. [ 12 ] The child needs to be in a secure environment.

At his age, he is highly vulnerable. Presently, the parents cannot provide this to the child because of their own personal issues. They will have to take the necessary steps to improve their situation and it is important that they actively participate in meetings with diverse resources for their alcohol abuse and the father’s anger management, and then get involved in a follow-up. [ 13 ] The situation of the child is in danger and that it is in his best interest that he be placed in a foster home for a period of six (6) months .

CONSIDERING THE ADMISSIONS AND THE EVIDENCE, THE COURT: GRANTS the motion; ORDERS that X, born on […], 2006, remain in foster care for a period of six (6) months with reintegration with the parents as soon as possible; ORDERS that the contacts between the child and his parents be under supervision of the Director of Youth Protection in terms of frequency and modalities, notably concerning overnight visits; ORDERS that a person working for an establishment or organization provide aid, counsel and assistance to the child and his family for a period of nine (9) months; ORDERS that the father be assessed by a psychologist; ORDERS that the parents be sober in the presence of the child; ORDERS that the parents collaborate with the Director of Youth Protection and that they take an active part of the measures ordered; RECOMMENDS that the parents choose a resource for their alcohol issues; RECOMMENDS that the father choose a resource for his anger management; ENTRUSTS the situation of the child to the Director of Youth Protection of A C.Y.P.C, who shall see that the measures are carried out; ORDERS the police to collaborate in the execution the enactment. __________________________________ Marc E.

Grimard, J.C.Q. M e Gabriel Gaudreault Counsel for the applicant M e Myriame Gaudreault Counsel for the child M e Angèle Tommasel Counsel for the mother M e Marie-Claude De Gagné Counsel for father Date of hearing: July 17, 2013