2013 QCCQ 14401, 2013 QCCQ 14401

Protection de la jeunesse — 134969 2013 QCCQ 14401 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division Nos.: 635-41-000519-139 635-41-000520-137 DATE: August 16, 2013 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2009 Y, born on […], 2012 [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of A C.Y.P.C., working in A City , district A, province of Québec Applicant v.

A , residing and domiciled in B City, district A, province of Québec Mother and B , residing and domiciled in B City, district A, province of Québec Father ______________________________________________________________________ JUDGMENT (sections 38 and 75 of the Youth Protection Act ) ______________________________________________________________________ I - INTRODUCTION [ 1 ] The Director of Youth Protection, by way of application, requests that the security and development of the children X, born on […], 2009, and Y, born on […], 2012, be declared in danger according to paragraphs (b)(2), (

c) and (d)(1) of

section 38 of the Youth Protection Act . [ 2 ] At the hearing, legal counsel for the applicant, Mtre. Robert-André Adam, declared that he had no evidence to tender concerning sexual abuse under

section 38(d)(1) of the Youth Protection Act . [ 3 ] The parents admitted all the facts alleged in support of the motion, except the facts related to sexual abuse. They also consented to the proposed measures, except for supervision of contact by a third party. The applicant stated that he withdrew this recommendation considering that he has no evidence to tender for sexual abuse. II – THE FACTS [ 4 ] On March 4, 2013, the police intervened for an event of conjugal violence between the parents. The children were present at home. The police officer observed that both parents were intoxicated and had bruises.

The mother still wanted to hit the father, so the police arrested them. [ 5 ] On March 16, 2013, another event of conjugal violence occurred and the police had to intervene. The child Leah had been taken to her grandmother's house by her aunt earlier because she wanted to protect her. Both parents were intoxicated. The child Y was sleeping and the police decided to leave her with her mother.

The father was taken outside the house to stop the argument. [ 6 ] On March 19, 2013, the Director of Youth Protection took immediate protective measures and both children were entrusted to the maternal aunt. [ 7 ] On March 21, 2013, a provisional agreement was signed to entrust the children X and Y to their maternal aunt C for a period of 30 days. [ 8 ] On April 16, 2013, the Honourable Claude P. Bigué rendered a provisional compulsory order and entrusted the children to their aunt C. [ 9 ] The family has been receiving services since May 2011.

The older sibling is already the subject of a Court of Québec order rendered on November 12, 2012 by the Honourable Claude P. Bigué, J.

[ 10 ] Considering the evidence and the admissions of the parents, the Court does not hesitate to declare the security and development of the children endangered on the basis of the parents' way of life. [ 11 ] There are several factors that jeopardize the children’s lives. The children are frequently exposed to serious incidents of conjugal violence. The conjugal violence is closely linked to alcohol and drug consumption, which represent a serious risk of neglect. The parents' behaviour and their substance use have an important impact on their parental abilities. [ 12 ] The security and development of the children are declared in danger under

section 38(

c) of the Youth Protection Act , considering the psychological ill-treatment inherent in their exposure to conjugal violence. As well, their security and development are in danger under

section 38(b)(2) of the Act, considering the risk of neglect arising from the parents’ drug and alcohol issues. III – APPLICABLE MEASURES [ 13 ] The Director of Youth Protection seeks an order entrusting the children to their maternal grandmother, Mrs. D, and their maternal aunt, Mrs. C. [ 14 ] The parents consent to this measure. Since the intervention of the Director of Youth Protection, the parents' cooperation has evolved positively. They acknowledge their difficulties and are willing to take measures to change their situation.

Both recognize the situation of endangerment, the impact on the children and their need for help. [ 15 ] The maternal family is very supportive and is there to protect the children. The parents trust them to take care of the children and are conscious of the importance of their help for the family. [ 16 ] The parents have good intentions and expressed their intention to be involved in the measures proposed by the applicant.

The coming months will show whether they take concrete actions to change their way of life and improve their capacity to assume their parental responsibilities. [ 17 ] FOR ALL THESE REASONS, THE COURT: [ 18 ] GRANTS the motion; [ 19 ] DECLARES that the security and development of the children are in danger under sections 38(

c) and 38(b)(2) of the Youth Protection Act ; [ 20 ] ENTRUSTS the children X, born on […], 2009, and Y, born on […], 2012, to their maternal grandmother, Mrs. D, and their maternal aunt, Mrs. C, for a period of six (6) months; [ 21 ] ORDERS the assessment of the parents for substance abuse and conjugal violence issues by social services; [ 22 ] ORDERS a follow-up by social services for substance abuse and conjugal violence issues; [ 23 ] ORDERS that contact between the parents and the children be supervised by the Director of Youth Protection as to frequency and terms; [ 24 ] ORDERS that the parents take an active

part in the application of the measures ordered to put an end to the situation that endangered the children; [ 25 ] RECOMMENDS strongly that the parents take

part in treatment for substance abuse issues if recommended by the social services assessment; [ 26 ] ORDERS that the parents stay sober in the presence of the children; [ 27 ] ORDERS that aid, counselling and assistance be provided to the children, the parents, the maternal grandmother and the maternal aunt for a period of six (6) months; [ 28 ] ENTRUSTS the situation of the children to the Director of Youth Protection of the A C.Y.P.C., who shall see that the measures are carried out. __________________________________ RENÉE LEMOINE J.Q.C. Mtre. Joanie Jacob For the child Mtre. Marie-Claude De Gagné For the mother Mtre. Marie-Claude De Gagné For the father Mtre. Robert-André Adam

For the applicant Date of hearing: June 11, 2013