2012 QCCQ 15605, 2012 QCCQ 15605

Protection de la jeunesse — 123280 2012 QCCQ 15605 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division NOS.: 640-41-001438-123, 640-41-001439-121, 640-41-001440-129 DATE: June 1, 2012 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2002 Y, born on […], 2010 Z, born on […], 2003 MR. [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A C.Y.P.C., Quebec, district A Petitioner and MRS.

B, residing and domiciled in Town A, Quebec, district A Mother and MR. C, residing and domiciled in Town A, Quebec, district A Father ______________________________________________________________________ JUDGMENT (Sections 38 and 91 Y.P.A. , chap.

P-34.1 R.S.Q. ) ______________________________________________________________________ [ 1 ] Mr. [Social Worker 1], delegate to the Director of Youth Protection A C.Y.P.C., is asking the Court to declare the security and development of X, born on […], 2002, Z, born on […], 2003, and Y, born on […], 2010, endangered because of the parents' neglect and psychological ill-treatment (section 38 (

b) and (

c) of the Youth Protection Act ). [ 2 ] At the hearing, the parents are present and represented by Me Angela Tommasel (father) and Me Sarah Plamondon (mother) respectively. The children are represented by Me Yan Massé and the petitioner by Me Robert-André Adam. [ 3 ] The two oldest children, present at the hearing, admit many allegations and agree with the recommendations. They are aware that their parents have problems, in particular with alcohol abuse and violent behaviours, and would like them to solve their problems once and for all. [ 4 ] The mother admits all the allegations, but the father denies some.

The parents would like the children to remain with them, and if not, that they be placed for a shorter period. [ 5 ] From the admissions made and the testimonies of the father and the Social Worker, it is proven out of the balance of probabilities that the security and development of X, Y and Z are in danger. [ 6 ] The parents abuse alcohol and, when they are under the influence, they have violence problems. [ 7 ] On October 21, 2011, the mother was arrested while intoxicated at the coop store.

At the time, the father was out of town and the child Y was left alone at home. [ 8 ] The parents signed voluntary measures on October 25, 2011 and the children were then placed in foster care. [ 9 ] On November 18, 2011, the mother, while intoxicated, asked the foster family to call the police because the father had punched her. [ 10 ] The parents have irregular contacts with Y. The mother missed many visits because she was under the influence of alcohol.

The parents do not collaborate with the Social Worker. [ 11 ] In terms of applicable measures, the Social Worker, Mr. [Social Worker 2], recommends in the Social Report the children's placement in foster families for one year. He wants the parents to attend therapies for their addiction problem and aggressiveness.

[ 12 ] Right up to the date of the Court, the father denied his problems and did not want any help. Now faced with the possibility that his children be placed for an indefinite period of time, he accepts to collaborate. He justifies his position by reminding the Court that one of his sons A died in foster care years ago. The child was sick at the time and the Social Services did what they could to provide him with medical services. [ 13 ] At this point now, the parents must realize that they alone are responsible for the children's placement.

It is because they do not behave as responsible parents that the Director of Youth Protection has to recommend such a placement. [ 14 ] As soon as the parents attend therapies and modify their way of life, the children might start having visits, and further, being reintegrated. [ 15 ] If the parents refuse to collaborate, a longer placement, in the children’s best interest, might be required. [ 16 ] CONSEQUENTLY, THE COURT: [ 17 ] DECLARES that the security and development of X, Z and Y are endangered; [ 18 ] ORDERS the placement of X, Z and Y in a foster family for a period of eight months with reintegration as soon as the situation allows; [ 19 ] ORDERS the parents to attend therapies for their addiction problems and aggressiveness; [ 20 ] AUTHORIZES their therapists to make regular reports to the Social Worker; [ 21 ] ORDERS the Director of Youth Protection to supervise all the contacts and visits of the children with the parents (terms and conditions, including the presence of a third party); [ 22 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the parents and children for a period of one year; [ 23 ] ORDERS Mrs.

B and Mr. C to collaborate actively with the Social Worker and therapists; [ 24 ] ORDERS any police officer to collaborate in the execution of the present Court order; [ 25 ] ENTRUSTS the children's situation to the Director of Youth Protection for the purpose of executing this enactment. __________________________________ DENYSE LEDUC, J.C.Q. Me Robert-André Adam, Attorney for the petitioner Me Angela Tommasel, Attorney for the father Me Sarah Plamondon, Attorney for the mother Me Yan Massé, Attorney for the children Date of hearing: April 2, 2012