2013 QCCQ 17801, 2013 QCCQ 17801

Protection de la jeunesse — 136154 2013 QCCQ 17801 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division Nos.: 640-41-001639-134, 640-41-001640-132, 640-41-001641-130, 640-41-001642-138, 640-41-001643-136 and 640-41-001644-134 DATE: November 26, 2013 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 1999 Y, born on […], 2001 Z, born on […], 2005 A, born on […], 2007 B, born on […], 2010 C, born on […], 2013 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of A, Quebec, District A Applicant and MRS D, residing and domiciled, in Town A, Quebec, District A Mother and MR E, residing and domiciled, in Town A, Quebec, District A Father ______________________________________________________________________ JUDGMENT ( sections 38 and 91 , Youth Protection Act , R.S.Q. , c.

P-34.1) ______________________________________________________________________ [ 1 ] Mrs [social worker 1], delegate of the Director of Youth Protection of A, seizes the Court with six petitions asking that the security and development of the six children of Mrs D and Mr E be declared in danger because they are neglected by the parents, the serious risk they do not provide their basic needs and the psychological ill-treatment (

section 38 (b) (1) (i), (ii), (iii), (b) (2) and (

c) of the Youth Protection Act ) . [ 2 ] At the hearing, some children are present and they are all represented by Me Myriam Gaudreault. The parents are present, assisted by Me Michel Grenier.

Me Gabriel Gaudreault represents the petitioner. [ 3 ] The evidence of the compromising state of the children is constituted of admissions made by the parents and the oldest children, and the testimonies of the social worker and the father. [ 4 ] Upon analysis of this evidence, it is proven that the father and the mother consume regularly alcohol, that the father is aggressive and violent when under the influence of alcohol and that both parent neglect the children.

They do not always provide a safe babysitter. [ 5 ] Last August 12, 2013, on early hours in the morning, X called the police to inform them that his mother was drunk. They found her half naked in the sheet. The parents were intoxicated and were arguing. X was babysitting four of his siblings because the babysitter was already gone. The baby C was lying on the couch with a baby bottle by her side and her diaper was wet. The house was not clean and the kitchen was messy. During the police intervention, the father was aggressive and uncooperative. The youth protection worker was called to the parents' place.

They discussed about the situation and a social worker brought Y to the nursing station. The child was vomiting. They found out that he had a gastroenteritis. [ 6 ] The children were entrusted in foster care. [ 7 ] X stated later that day that his mother left to find his father who was still drinking.

At 6:30 p.m., the parents were not back home yet. [ 8 ] In the past in 2004, the Court declared the security and development of three of those children endangered and they were placed in foster care for six months for the same motives. [ 9 ] Consequently, the Court declares the security and development of the six children endangered.

[ 10 ] The evidence on the applicable measures shows that the children may remain with their parents on strict conditions and that Y needs to be placed in a reception centre because of his behaviour. He has difficulties to respect authority. He needs rehabilitation services to improve his behaviour. [ 11 ] Since August 19, 2013, the children are placed in foster families.

On September 20, the Court had to review the provisional judgment concerning Y, and then, ordered his placement in a reception centre. [ 12 ] Social reports and an occurrence report are filed in evidence. [ 13 ] The parents have completed five intense sessions with a psychologist in Town B and they will continue their psychotherapy with the psychologist in Town A. They offer good collaboration and motivation to get their children back. They agree that they need to offer good supervision to their children and prioritize their needs.

They have hard time to structure Y and realize that he made positive changes when they visited him at the reception centre. [ 14 ] The parents must realize that they have to change their way of life to assume their parental responsibilities if they want the children with them. [ 15 ] Considering the children's needs, [ 16 ] Considering the parents' agreement to the recommendations, [ 17 ] FOR THESE MOTIVES, THE COURT: [ 18 ] DECLARES that the security and development of X, Y, Z, A, B, C are in danger; [ 19 ] MAINTAIN the children with the parents on the specific conditions : 19.1.

The parents will meet regularly with the psychologist in Town A; 19.2. The parents will ensure that the children attend school on regular basis; 19.3. The parents will attend the Inner Child workshop in Town A; 19.4. The parents will meet the social worker regularly and follow her recommendations; 19.5. The parents will attend a therapy for their addiction problems within a period of one year; 19.6.

The parents will remain sober in presence of the children and will prohibit any adult to consume alcohol or drugs in their presence; [ 20 ] ORDERS the placement of Y in a reception centre for a period of three months; [ 21 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the parents and the children for a period of one year; [ 22 ] ORDERS any police officer to collaborate in the execution of the present enactment; [ 23 ] ENTRUSTS the children's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Gabriel Gaudreault, attorney for the applicant Me Michel Grenier, attorney for the parents Me Myriam Gaudreault, attorney for the children Date of hearing: October 7, 2013