2016 QCCQ 10995, 2016 QCCQ 10995

Protection de la jeunesse — 164802 2016 QCCQ 10995 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT [...] TOWN [...] Youth Division Nos.: 640-41-002012-166, 640-41-002013-164, 640-41-002014-162 and 640-41-002015-169 DATE: August 22, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2002 Y, born on […], 2006 Z, born on […], 2011 A, born on […], 2014 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A, Quebec, District A Applicant 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, 75 and 91 YPA, RSQ c.

P-34.1 ) ______________________________________________________________________ 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 YPA). [ 1 ] The Court is seized with four motions asking to declare the security and development of X, 13 years old, Y, 9 years old, Z, 5 years old, and A, 2 years old, in danger because the parents fail to provide the appropriate supervision or failing to take the necessary steps to provide the children with schooling and because of the psychological ill-treatment (section 38 (

b) iii. and (

c) YPA). [ 2 ] The parents are present at the hearing, assisted by Me Angela Tommasel (mother) and Me Marie-Claude De Gagné (father). Me Cassandra Neptune assists the children and Me Aubrée Coutanson the applicant. [ 3 ] Considering the admissions made by the parents and the oldest child, it is proved that the parents have alcohol and violence issues. The father was arrested on several occasions for domestic violence. Those incidents occurred often in presence of the children.

The mother minimizes the impact of such behaviour on the wellbeing of the children. [ 4 ] The collaboration of the parents with the social services is minimal and irregular. The mother has to be confronted to admit the problems. She is afraid that the children might be taken away. Only when insured, she acknowledges that her son D, who is now over 18 years old, and her husband are violent and aggressive. D is currently in jail for being violent towards his young brother, his father and his grandmother. [ 5 ] The child X has behavioural problems and she is not attending school since the holidays.

She said she was being bullied at school. Her parents did not intervene even if the school arranged meetings. [ 6 ] The parents do not provide any information about their family.

The mother cares for her children but she is not able to protect them. [ 7 ] The maternal grandmother and the uncle E are involved with the family and they protect the children when the parents are unable to care for them. [ 8 ] Both parents have occurrence reports at the KRPF for events related with alcohol and violence. [ 9 ] With the analysis of the evidence, the Court declares the security and development of the four children in danger for the alleged motives.

[ 10 ] For the applicable measures inquiry, the Court read the social reports and considered the testimonies of the social worker and the parents. [ 11 ] The parents agree with the recommendations, particularly the one that the children will remain with the mother. The two oldest children are able to discuss about the parents' issues and so does the mother. With the intervention of an educator at home, the parents will have to collaborate and to work on their parental capacities. If they show the same motivation as they did in Court, the children might stay with them.

If they do not collaborate and do not accept all the services that will be provided, the Court will have to review the measures.

FOR THESE MOTIVES, THE COURT: [ 12 ] DECLARES the security and development of X, Y, Z and A in danger; [ 13 ] MAINTAINS the children with their mother to the conditions : 13.1. that she and the father be always sober in presence of the children; 13.2. that X and Y attend school regularly; [ 14 ] ORDERS the father to receive help for his personal issues (notably alcohol consumption and domestic violence); [ 15 ] ORDERS the mother to receive help for her problem of alcohol consumption; [ 16 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the children and the parents for a period of one year; [ 17 ] ORDERS the Director of Youth Protection to provide the services of an external educator for X and her parents; [ 18 ] ORDERS the parents to collaborate with the social worker, to meet with her and to follow her recommendations; [ 19 ] ORDERS the police to collaborate to the execution of the enactment; [ 20 ] ENTRUSTS the children's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Aubrée Coutanson Attorney for the applicant Me Angela Tommasel Attorney for the mother Me Marie-Claude De Gagné Attorney for the father Me Cassandra Neptune Attorney for the children Date of hearing: July 13, 2016