2015 QCCQ 20007, 2015 QCCQ 20007

Protection de la jeunesse — 157382 2015 QCCQ 20007 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] Youth Protection Division No: 640-41-001917-159, 640-41-001918-157 DATE: October 14 th , 2015 ______________________________________________________________________ BY THE HONOURABLE LISE GAGNON, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF THE CHILDREN: X Born on [...], 2012 Y Born on [...], 2009 [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A working in City A; Applicant -and- A, residing and domiciled in City A, Quebec, district A Biological Mother -and- B, residing and domiciled in City A, Quebec, district A Biological Father -and- C, residing and domiciled in City A, Quebec, district A Adoptive mother -and- D, residing and domiciled in City A, Quebec, district A Adoptive father ______________________________________________________________________ RECTIFIED JUDGMENT (2015-11-09) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.) [ 1 ] The Director of Youth Protection (DYP) submits to the Court a motion for protection for reasons of neglect on the parents’ part (drinking problem and conjugal violence issues). [ 2 ] To address the children’s needs, the DYP recommends to the Court to entrust the children to a foster family until February 17 th , 2016. [ 3 ] Up until today, the DYP was recommending that the children remain with their mother. However, the mother was found highly intoxicated yesterday.

She did not come to court. And today, she could hardly come, being hungover. [ 4 ] The social worker says that the mother is not in a position to be responsible for her children. She first needs to get help to solve her personal issues. [ 5 ] At the hearing, the father is present with his attorney. He is aware that the mother drinks a lot. He agrees with the conclusions and so does the attorney for the children.

Reasons for DYP’s intervention [ 6 ] The parents have been together for twelve years and had three children. Two of them were adopted by family members. Only Y lives with them. [ 7 ] The parents also adopted X (two years old); the adoption process was just completed. [ 8 ] On February 13 th 2015, the parents are found highly intoxicated while the children are under their responsibility. [ 9 ] A week after, the parents get into a big fight while intoxicated. The father punches the mother in the face. The mother wakes up Y that night in hope that if the father sees him watching the fight, he will stop hitting her.

This strategy does not work. Fortunately, the mother is able to run away and the father is arrested. [ 10 ] Following this event, the mother agreed to get help at the social services and the father admitted that his behaviour was inappropriate. [ 11 ] On March 20 th , 2015, the parents are found intoxicated again while the children are under the mother’s responsibility.

The father goes back to detention as he is not respecting his conditions. [ 12 ] A month later, the father is sentenced to three months in jail for assaulting a person with a weapon, causing bodily harm and possession of a weapon. [ 13 ] In June, 2015 the father is charged with sexual interference and sexual assault. The mother says that the father touched X’s vagina on three occasions when he was changing X’s diaper. She witnessed it. [ 14 ] The father denies that. [ 15 ] Both parents come from families with a drinking problem and violence issues.

Despite some sober months, they have a hard time getting rid of the model they witnessed every day. [ 16 ] For these reasons, the Court concludes that the security and the development of the children are in danger for reasons of neglect. Applicable measures [ 17 ] On August 18 th , 2015, the file is brought to court for the first time. [ 18 ] In the social report dated July 30 th 2015, the clinical assessment by the social workers is quite dark: “Mr. D and Mrs C have been struggling with personal and conjugal issues for many years now, but is has been worst for the past months.

They tempt [sic] to drink alcohol together and get into conjugal fights in the presence of their children. The mother has showed [sic] that she can put the security and the development of her children in priority by pressing charges on the father after he did physically abused [sic] her in the presence of the children. Since he has conditions to not be in contact with her, she made [sic] good decision for her children and she is working hard on herself.

However, the parents showed that their situation is still unstable and fragile by having relapsing [sic] in their process since we got involve [sic] in their life. The risk that the parents don’t follow the criminal conditions of Mr. D is very high. The mother confirmed on many occasions that she wants the father back at home when he will be released form [sic] jail, because it’s too hard to be a single mother. Mrs C has difficulty to offer [sic] the basic needs to her children since Mr. D is in detention. He has always been the main provider for the family.

The mother is very often asking for help for food and diapers. On his side, Mr. D doesn’t want to help the mother financially, because he wants to punish her by [sic] having pressing [sic] charges against him. He wants Mrs C to suffer but doesn’t seem to realize the impact that his decision has on his children. The mother has safety net [sic] in her family, but they are not stable. Her mother, E, which is her first resource, has her own problems at home and cannot be always supporting her daughter and her grandchildren. It’s the same situation for her sisters and brothers.

Most of the time, Mrs C will rather take care of everything by herself instead of asking for help. Fortunately, her maternal grandmother, F, is a great support for the family. She has always been there to support them. In conclusion, both parents have the capacity to be [sic] good parents for their children when they are sober. If they make good decision [sic] and they are working hard to improve the situation they will be able to offer an environment free of violence and alcohol abuse in the future for their children.

We are expecting them to respect the criminal conditions that the father has and seek help to improve their situation and solve their personal and conjugal issues”. [1] [ 19 ] That day, the social worker recognizes that the parents are at high risk not to respect their commitment. However, she believes that the parents must be given a chance. [ 20 ] The situation being fragile, the Court decides to try that solution until October 13 th .

Meanwhile, the Court asks the mother to stick to her words and keep away from the father to avoid getting into trouble. [ 21 ] On August 21 st , 2015, only a few days after Court, the father assaults the mother while they are both intoxicated. The father is sent to jail and released under the conditions not to be in contact with the mother and not to be in the presence of children under 16 years old.

[ 22 ] After this event, the mother says she is determined not to go back with the father. She goes living with the maternal grandmother while she is waiting for a house. She wants to seek help for her drinking problem. She collaborates well. She is honest, although sometimes, overwhelmed and weak. [ 23 ] On October 13 th , 2015 the mother relapses. She is drinking heavily.

She is not in a position to keep her children. [ 24 ] The Court has requested the social worker to look for a foster family that will be able to keep the children on a long-term basis. [ 25 ] If the parents do not solve their problems in the next few months, the children must not be moved from temporary foster family to temporary foster family.

FOR THESE REASONS, THE COURT: GRANTS the amended motion; DECLARES that the security or development of the children is in danger; ORDERS that the children Y and X be entrusted to a foster family, chosen by the institution operating a child and youth protection centre; ORDERS that the parents of the children Y and X report periodically to the DYP on the measures they apply in their own regard or in their children’s regard to put an end to the situation in which the security and/or the development of the children are in danger; ORDERS that the parents of the children Y and X take an active

part in the application of any of the measures ordered by the tribunal; ORDERS that the parents of the children Y and X remain sober in the presence of the children; ORDERS that the parents of the children Y and X remain without violence behaviour in the presence of their children; RECOMMENDS that the parents of the children Y and X seek help through the Social Services concerning their personal and conjugal issues; ORDERS that the contacts between the children Y and X and their parents be determined by the DYP as for the modalities, the frequency and the degree of supervision; ORDERS that a person working for the DYP provide aid, counselling and assistance to the children Y and X, their family and their foster family; ORDERS that the police collaborate with the execution of the enactment; ENTRUSTS the situation of the children Y and X, to the DYP A for the purpose of executing the order; THE WHOLE until February 17 th , 2016. __________________________________ Lise Gagnon, J.C.Q.

Me Donald Bourget Youth Protection Counsel Me Joanie Jacob Counsel for the children Me Angèle Tommasel Counsel for the adoptive mother Me Marie-Claude De Gagné Counsel for the adoptive father Dates of hearing: October 13 th and14 th , 2015