2012 QCCQ 15596, 2012 QCCQ 15596

Protection de la jeunesse — 123271 2012 QCCQ 15596 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division N os : 640-41-001409-116 and 640-41-001410-114 DATE: April 27, 2012 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on […], 2002 Y, born on […], 2000 MRS [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 A, residing and domiciled in Town A, Quebec, district A Mother and MR B, residing and domiciled in Town A, Quebec, district A Father ______________________________________________________________________ JUDGMENT (Section 95 (par. 1) Y.P.A. , chap.

P-34.1 R.S.Q. ) ______________________________________________________________________ [ 1 ] The Director of Youth Protection A C.Y.P.C. asks the Court to review the last judgments rendered by the undersigned on November 24, 2011 concerning X, 9 years old, and Y, 11 years old, children of Mrs A and Mr B. He asks for the children's placement in a foster family for six months. [ 2 ] The parents and children are present at the hearing, represented by Me Angela Tommasel and Me Yan Massé. They disagree with the recommendations.

Me Robert-André Adam represents the petitioner. [ 3 ] Evidence of the new facts is based on admissions, the testimonies of the Social Worker and the parents, the revision report and the psychological assessment of the parents and children. [ 4 ] The children reintegrated their home after a four-month placement for X and a six-month placement for Y as ordered on November 24, 2011. The parents' situation improved. The father's health has stabilized and he is more present at home. The mother made efforts to reduce her alcohol consumption only since March 2012. But, they still have serious financial issues.

The father has no income and did not apply yet for Social Aid. [ 5 ] The mother is working part-time. They don’t have sufficient income to provide food for the whole family. [ 6 ] The oldest brother Z, once released from jail where he was serving a sentence for assault with deadly weapon, came back home. He has aggressive and violent behaviours towards his family, and on many occasions, the parents reported that they were afraid of him. They tried to find ways for Z to live somewhere else, but due to the lack of resources, they did not succeed.

They feel powerless and are victims of him. [ 7 ] The Psychologist Dr Beltempo reports that the father acknowledges his limitations in terms of strength and authority as a father. He does not feel supported by his wife. He feels depressed and alone in the couple relationship. He needs to apply for welfare, get marital counselling, improve his parental capacities and finally would beneficiate of an individual therapy to become more confident. [ 8 ] For the mother's situation, Dr Beltempo noticed limited abilities, a passive and laissez-faire type of parenting.

She has a lot of limitations in understanding the depth of her children's emotional needs. She minimizes her drinking and drug problems. She reduced her drinking to about two or three nights per week. She cannot understand the implication of her drinking and violence at home on her children.

The Psychologist recommends that she continue to work with harm reduction towards abstinence with a counsellor until she seeks for a formal treatment, that she develop parental capacities, and finally, that she attend marital counselling. [ 9 ] For X, Dr Beltempo notes that she has deep emotional issues around fear and sadness steaming from a sexual abuse by her

older half brother, 27 years of age, and the ongoing violence she had witnessed for the last six or seven years of her life. She needs individual therapy and to evolve in a stable and secure setting. She should remain in a foster home as long as her older half brother is living at home. [ 10 ] Dr Beltempo also noticed some signs of anxiety on Y. He wants to please the adults at the expense of repressing his own needs. He is sensitive to rejection and wishes to avoid all costs public humiliation. Some feelings of sadness and fear fullness were observed related to the presence of his half brother Z at home.

He also has difficulty with his mother's drinking, which provokes crisis and violence at home. It makes him sad and afraid. [ 11 ] The parents need to seek help for their marital, family and individual issues before they might be in position to assume their children. They also need to develop their parental capacities, in such way, they will be in position to identify their children's needs and to provide them. [ 12 ] Considering the evidence, the children need to be placed in a stable environment for the duration asked.

Such delay should be sufficient for the parents to beneficiate of all the services provided and make some significant changes in their way of life. [ 13 ] CONSEQUENTLY, THE COURT : [ 14 ] GRANTS the petitions; [ 15 ] DECLARES that the security and development of X and Y are in danger; [ 16 ] ORDERS the placement of X and Y in a foster family for a period of six months and ALLOWS that progressive reinsertion starts when the parents' situation improves; [ 17 ] ORDERS Y to attend school regularly; [ 18 ] ORDERS the parents to seek help form Social Services to increase their parental capacities and to receive therapy for their marital, financial and drug and alcohol problems; [ 19 ] ORDERS the Director of Youth Protection to supervise the contacts and visits of the children to the parents (frequency, duration and presence of a third person if needed); [ 20 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the children and their parents for a period of one year; [ 21 ] ORDERS the parents to collaborate actively with the Social Workers and Therapists; [ 22 ] ORDERS the police to collaborate in the execution of the present Court order; [ 23 ] 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 parents Me Yan Massé, attorney for the children Date of hearing: April 5, 2012