2011 QCCQ 17886, 2011 QCCQ 17886

Protection de la jeunesse — 117014 2011 QCCQ 17886 JC1649 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT [...] COMMUNITY [...] « Youth division » N° : 635-41-000432-119 DATE : November 15, 2011 UNDER THE PRESIDENCE OF : HONOURABLE PAUL CHEVALIER, J.C.Q. In the case of : X ([…] 2004) JUDGMENT ON A MOTION FOR PROTECTION (Sec. 38, Youth Protection Act) Corrected on December 16, 2011 A clerical error was made concerning the period of time for the follow up. The follow up is for a period of one year.

The judgment is corrected accordingly [ 1 ] The Director of Youth Protection asks the Court to declare compromised the security and development of the youth X . [ 2 ] Youth Protection has been involved with the family since December 2010. [ 3 ] The parents display conjugal violence and alcohol related problems and become aggressive towards each other mostly when they are intoxicated and in front of the children. [ 4 ] On two occasions the children had to be placed because the parents were intoxicated. [ 5 ] On or around June 15, 2011, the mother had to be "medevac" to Town A because she injured her hand by assaulting the father in front of the children Y and Z while she was intoxicated. [ 6 ] On or around August 11, 2011, the father escorted Z to Town A for medical reasons, and he then entrusted the child to another patient and left the [centre A].

When he came back the father was intoxicated and aggressive towards the [centre A] staff. [ 7 ] On August 14, 2011, the child Z was found without proper supervision as the father went out for drinking. [ 8 ] On September 12, 2011, instead of making himself available to escort Z to Town A since the child had a medical appointment in town A, the father decided to take a trip to town B, choosing to pick up a boat rather than the well being of his baby and the mother agrees whit him. [ 9 ] The collaboration of the parents is irregular. [ 10 ] The father is reluctant to receive help and the mother though she is quite open to the interveners, is unable to undertake concrete changes in her attitude. [ 11 ] The father told that he was afraid the Director of Youth Protection would place his children.

He was explained that with his collaboration and involvement, the children would remain with them. [ 12 ] The parents, even though they had prepaid tickets to come to Court in Town Cfor the hearing, and even though the weather was fair, permitting the planes to fly, decided not to be present in Court.

[ 13 ] The Court decided to proceed in their absence considering that the file had already been postponed at their request. [ 14 ] FOR THESE REASONS THE COURT : [ 15 ] GRANTS the motion for protection; [ 16 ] DECLARES that the security and development of the youth X are compromised primarily under sec. 38b) 1º iii of the Y.P.A. and also under sec. 38b) 2º and 38c) of the Y.P.A.; [ 17 ] ORDERS that the youth and his siblings remain with their parents; [ 18 ] ORDERS the parents to seek help to a program of their choice for their alcohol consumption habits and their marital issues; [ 19 ] ORDERS the parents to ensure that they entrust their children to someone sober when they are planning on drinking; [ 20 ] ORDERS the parents to ensure that their children will not be witnesses or be involved in their conjugal conflicts; [ 21 ] ORDERS the parents to cooperate with the Youth Protection services; [ 22 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the youth and his parents for a period of one year; [ 23 ] ENTRUSTS the situation of the youth to the Director of Youth Protection for the implementation of this order.

PC/nc PAUL CHEVALIER, J.C.Q. Me Stéphanie Lachance, For the D.Y.P. Me Mathieu Brassard, For the youth. A, mother, Absent and unrepresented. B, father, Absent and unrepresented. Date of the hearing : November 15, 2011.