2011 QCCQ 9506, 2011 QCCQ 9506

Protection de la jeunesse — 113807 2011 QCCQ 9506 COURT OF QUEBEC Canada PROVINCE OF QUEBEC DISTRICT OF [...] [...] « Youth Division »

N°.: 455-41-000729-111, 455-41-000728-113, 455-41-000730-119, 455-41-000732-115, 455-41-000731-117 DATE : June 1 st , 2011 ______________________________________________________________________ IN THE PRESENCE OF : THE HONOURABLE MICHEL DURAND, J.Q.C. ______________________________________________________________________ IN THE MATTER OF THE YOUTHS : X Date of birth : […], 2002 Y Date of birth : […], 2003 Z Date of birth : […], 2006 A Date of birth : […], 2009 B Date of birth : […], 2005 _______________________________ [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of the Centre jeunesse A working at […], city A (Québec) , district A; Declarer And

FATHER, NO DECLARED ; and A , […], city A, province of Quebec, […], district B; Parent of the youths B and A B ; unknown address and C , […], city B, province of Quebec, […], district B; Parents of the youths Y, X and Z And LA COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE , […] , city A (Québec) district A; ________________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Court is seized with a motion for protection concerning the five children mentioned here above. [ 2 ] Overwhelmed by the situation at the end of January, the mother left the five children to the father for four days without giving any news and she reappeared at the beginning of February 2009.

She admitted that she consumed drugs during that four days runaway. [ 3 ] During that time, the father was not able to fulfill the children's needs and when the mother reappeared she stayed with him and the children for a few weeks.

After that, she moved alone with the children in an apartment. [ 4 ] For a period of three months, the mother also admitted that she was struggling to meet the children's needs (food, medical follow-up and school follow-up). [ 5 ] Despite the fact that the mother finds difficult to handle five children with specific needs, she shows a great interest in their well being and she is motivated to work with the D.Y.P. to put an end to the situation compromizing the security and the development of the children. [ 6 ] This

summary of the allegations contained in the motion for protection or are proven through the following documents: «D-2 Anciens dossiers de la Cour 455-41-000640-094 à 455-41-000644-096; D-3 Rapport d'évaluation préparé par [l’intervenant 1], daté du 6 avril 2011; D-4 Rapport d'orientation préparé par [l’intervenant 1], daté du 6 mai 2011; [ 7 ] On June 1 st 2011, the D.Y.P. asked the Court to maintain the children with the mother with a social follow-up and other accessory measures.

[ 8 ] The father was not present at the Court on June 1 st , but he was aware of the hearing date because he showed up at the mother's place to have a lift to come to the Court house.

Finally, he chose not to come. [ 9 ] The mother was present and in her testimony, she said that she agrees with the allegations. [ 10 ] When she was asked why it started all over again with the same situation she was in before Mrs Judge Gagnon's judgment, she said that she went to her ex-boyfriend and everything started to go down again. [ 11 ] She claims that she is free from speed since January but she is still smoking pot at an average of three times a week. [ 12 ] The Court told her that she was putting herself at risk of losing her children and what is more important, she does not give an example to the children and she is not a role model. [ 13 ] If ever the children are wrongfully influenced by their peers, what credibility will she have to protect her children if they saw her smoking pot ? [ 14 ] There is a high risk that the mother will have no influence because you cannot tell your kids «don't do what I do, but do as I say».

This kind of recipe do not work with children. [ 15 ] The mother said that she is capable to stop smoking pot and she intended to do so. [ 16 ] Now, though it was difficult since last January, she says that she is more capable now and she added «life is better, I have my own apartment and I have support from the social workers». [ 17 ] She leaves her apartment on week ends so that the father can have a couple hours with his children. [ 18 ] She has a new boyfriend but he is not living with her and again, she said that she was living alone with the children in her appartment. [ 19 ] WHEREFORE, THE COURT : [ 20 ] GRANTS the present motion; [ 21 ] DECLARES that the security and the development of the are in danger; [ 22 ] ORDERS that the children remain with their mother and that the father report periodically to the Director of Youth Protection on the measures he applies to put an end to the situation in which the security or development of the children is in danger; [ 23 ] AUTHORIZES contacts between the children and their father upon agreement between the parties; [ 24 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and their family for a period of one (1) year; [ 25 ] ORDERS that the parents of the children take an active

part in the application of the measures ordered; [ 26 ] ORDERS that the children receive health care and health services and notably that they receive care from a dentist and that Y gets a medical follow-up regarding his ADHD medication; [ 27 ] ENTRUSTS the situation of the children to the DYP of Le Centre jeunesse A for execution of the judgment ot intervene herein; __________________________________ MICHEL DURAND, J.Q.C. Me Louise Martel For the D.Y.P. Me Érica Gosselin For the youth Date of hearing : June 1 st , 2011