2011 QCCQ 3808, 2011 QCCQ 3808

Protection de la jeunesse — 11508 2011 QCCQ 3808 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Chamber »

DATE : January 7, 2011 ______________________________________________________________________ IN THE PRESENCE OF THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : N° : 640-41-001158-093 X 2001-[…] 640-41-001159-091 Y 1995-[…] [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection [of Youth Center A], Quebec, district A Applicant And A, residing and domiciled in city A, Quebec , district A Mother And B, residing and domiciled in city A, Quebec , district A Father ______________________________________________________________________ JL2340 JUDGMENT (Section 95 (par. 1) Y.P.A. , chap.

P-34.1 R.S.Q. ) [ 1 ] Mrs [social worker 1], authorized delegate of the Director of Youth Protection [of Youth Center A], seizes the Court with two motions for revision of the last decision rendered by Judge Jacques R. Roy on February 23, 2010 concerning Y, 15 years old, and X, 9 years old. With the amendment made, the petitioner now asks that the children remain with the mother under specific conditions. [ 2 ] At the hearing in city B, the parents and the children are present and represented by Me Jean-Claude Latraverse (mother) and Me Angela Tommasel (children).

Me Robert-André Adam represents the petitioner. [ 3 ] The mother admits most of the allegations and agrees with the amended recommendations. She accepts to collaborate with the social worker and already improved her way of life since the car accident she had on October 5, 2010. [ 4 ] The father and the children admit some allegations and agree with the recommendations. Revision reports are filed and the social worker testifies. [ 5 ] Before October, the mother was consuming abusively alcohol and drugs as is still doing the father.

None of them attend a treatment centre as ordered and they are unable to maintain sobriety. The mother is not interested to seek a therapy for relationship issues. She stayed 15 minutes with the psychologist last May 10 and walked out of the room. She is presently involved in a violent relationship with her common-law partner.

[ 6 ] Children witnessed on several occasions the mother abusive consumption. [ 7 ] Last October 5, the mother had a car accident, and since, she is sober. She now collaborates with the social worker, meets her regularly, attends with her children a family therapy and they will all return in February. The mother is involved in a healing process and her situation is improving. [ 8 ] The children are back with her since October, and if they continue to behave well and respect the rules set by their mother and the social worker, they may continue to live with her.

They have to attend school regularly, make their homework, respect curfews, bedtimes and the authority at home and at school. [ 9 ] The children need a structured, secure and stable environment, and with the positive steps made by the mother and if she continues her involvement, she is in position to assume her daughters. [ 10 ] The father, even if he acknowledges that he cannot offer more to his children, should try to be more present and offer guidance and counselling to them.

They would appreciate his involvement. [ 11 ] Considering the evidence, [ 12 ] Considering the parties' agreement, [ 13 ] FOR THESE MOTIVES, THE COURT : [ 14 ] GRANTS the petitions; [ 15 ] DECLARES that the security and development of X and Y are still in danger; [ 16 ] MAINTAINS the children with the mother as long as the mother offers good collaboration with the social worker and the two girls respect the rules set for them by the mother and the social worker; [ 17 ] ORDERS the mother and the children to attend the therapies fixed by the social worker; [ 18 ] ORDERS the children to attend school regularly except for medical reason; [ 19 ] ORDERS the Director of Youth Protection to supervise the visits of the children to the father and to make a

schedule of the contacts and visits; [ 20 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the parents and the children for a period of one year; [ 21 ] ENTRUSTS the children's situation to the Director of Youth Protection for the purpose of executing this enactment. __________________________________ DENYSE LEDUC, J.C.Q. Me Robert-André Adam, attorney for the applicant Me Jean-Claude Latraverse, attorney for the mother Me Angela Tommasel, attorney for the children Date of hearing : November 18, 2010