2011 QCCQ 9307, 2011 QCCQ 9307

Protection de la jeunesse — 112751 2011 QCCQ 9307 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth Division No: 610-41-000480-111 610-41-000481-119 610-41-000482-117 DATE: June 29, 2011 ______________________________________________________________________ BY THE HONOURABLE MARC E.

GRIMARD, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1, exercising his profession at the Centre jeunesse A, having a place of business at […], town A, district A, […] Petitioner and X Y Z Children and A, domiciled and residing at […], town B, district A, […] Mother and B, unknown address ( X’s father ) and C, residing at town B, district A Y’s and Z’s father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The tribunal is seized of three petitions aiming to declare the security and the development of three brothers compromised according to

Section 38 b) 2 o and

c) of the Youth Protection Act. The children are: X, born on […], 1996; Y, born on […], 2002; Z, born on […], 2005. The applicant recommends that the children be entrusted to their mother who should not live under the same roof of Mr. C, father of Y and Z, and that different measures of help be ordered for this family for a period of one year. [ 2 ] The mother and the children are present and represented. The mother admits most of the allegations, except those related to an event of violence that occurred on February 13, 2001 between her spouse, Mr. C, and her eldest son.

X for his part admits all the allegations except two of them that he ignores concerning the relations between his mother and the DYP. Y and Z, because of their young age, ignore some of the allegations but admit most of them. They all agree with the applicant’s recommendations. [ 3 ] A mode of service by public notice has been authorized for Mr. B, considering that his address is unknown by the parties, and a bailiff served Mr. C. Both fathers are not present at the hearing nor represented.

After having taken into consideration the opinion of the parties, the tribunal authorizes to hear the cases of these children at the same time and without the presence of their father. [ 4 ] For many years, the children have been exposed to conjugal and domestic violence between the parents. They often argue, yell and many things are thrown around in the household. [ 5 ] On February 3, 2011, a violent incident would of occurred between Mr. C and X. Mr. C was arrested on February 9, 2011 for that alleged event; he had a knife on him. He was released on the same day under conditions.

He has a criminal record concerning crimes of violence and involving drugs. He is known to smoke regularly marijuana in the residence in front of the children. [ 6 ] The mother is involved in violent acts and does not acknowledge the repercussions that this violent environment has on her children. At the time of the report, she was not collaborating with the petitioner. She is now separated of Mr. C since February 7, 2011. [ 7 ] X is a 15-year-old teenager. He is intelligent and calm, very protective of his half-brothers, does well in school and takes a lot of responsibilities.

He also has a good relation with his mother. He does not seem too affected by the conjugal violence between his mother and her spouse. Probably because this has been going on for such a long time, he has grown to live with that situation. He’s had no contacts with his biological father for many years. On February 8, 2011, he was entrusted to his aunt, Mrs. D, by a provisional agreement, and again on March 15, 2011 under

Section 76.1 YPA (order while proceedings in progress).

[ 8 ] Y is 8 years old. His physical, intellectual and emotional development seems normal. He is in grade 2 and his school results are below average. He is late for school in the morning and noontime; his homework is rarely return completed. Fortunately, he is supported by his extended family that protects him and keeps an eye on the situation. On February 8, 2011, he was entrusted to his aunt, Mrs. E, by a provisional agreement, to limit the exposure to violence and also because the mother’s apartment was not suitable (plumbing and heating problems). On March 15, 2011, he was also entrusted to his aunt under

Section 76.1 YPA. [ 9 ] Z is 6 years old. He has a little speech disorder (it does not seem to be a language disorder). At school, he has difficulties to follow the instructions. This might be the result of the mother’s lack of support for lessons and homework. On February 8, 2011, he was entrusted to his aunt, Mrs. E, by a provisional agreement, and again on March 15, 2011, under

Section 76.1 YPA. [ 10 ] Since the mother and Mr. C have separated, the mother has an appropriate apartment and the children have been return to her. They are no more exposed to violence and the mother is more collaborative with Youth Protection. She admits that she still needs some support and help from Youth Protection. [ 11 ] Considering the admissions of the parties, the different testimonies and the revision report on the children’s situation, it is in their best interest and in the respect of their rights to entrust them to their mother and to order the recommended measures.

FOR THESE REASONS, THE COURT: GRANTS the petitions; DECLARES that the security and development of X, born on […], 1996, Y, born on […], 2002 and Z, born on […], 2005, are in danger according to

Section 38 YPA; ENTRUSTS the children to their mother who shall report periodically to the director on the measures she applies in her regard and in her children’s regard to put an end to the situation in which the security and development of the children are in danger; ORDERS • that a person working for an institution or body provide aid, counselling or assistance to the children, the mother and Mr. C, • that the children, their mother and Mr. C take an active

part in the application of any of the measures ordered by the tribunal, • that Mr. C do not reside at the same address of Mrs. A and her children, • that the contacts between Mr. C, his children and X be supervised by the DYP for the frequency and modalities and to Mr. C to not be under the influence of drugs or alcohol during these contacts; • that the mother seek professional help concerning her personal issues, • that Mr. C seek help concerning his personal issues and drugs and alcohol related problems, • that the children, their mother and Mr.

C report periodically in person to the director to inform him of the current situation; AUTHORIZES all professionals involved in the situation of this family to exchange information with the DYP concerning the security and the development of the children; ORDERS these measures of help for a period of one year; ENTRUSTS the children’s situation to the director of Youth Protection to see that the measures ordered are carried out. __________________________________ MARC E. GRIMARD, J.C.Q.

M e Julie Lemire Counsel for the DYP M e Peggy Warolin Counsel for the children M e Marc Ouimette Counsel for the mother Date of hearing: May 26, 2011