2018 QCCQ 18981, 2018 QCCQ 18981

Protection de la jeunesse — 1810202 2018 QCCQ 18981 COURT OF QUEBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002012-166 640-41-002013-164 640-41-002014-162 640-41-002015-169 DATE: August 31, 2018 ______________________________________________________________________ BY 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 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and B, residing and domiciled at [...] Mother and C, residing and domiciled at [...] Father ______________________________________________________________________ JUDGMENT (sections 95 (2) of the Youth Protection Act ) ______________________________________________________________________ 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 A submits to the Court four applications for extension of the measures ordered on July 20, 2017, by Judge Lucille Beauchemin, J.C.Q., concerning the situation of X, 15 years old, Y, 11 years old, Z, 7 years old and A, 3 ½ years old. He wants that the services offered to the parents continue and that the parents always be sober in presence of the children. [ 2 ] At the hearing, the father is present, the mother is absent because she is detained.

All the parties are represented. Me Marianne Leonard assists the father, Me Cassandra Neptune the children.

Me Angele Tommasel represents the mother and Me Sarah Bourgeois Lessard the applicant. [ 3 ] With the admissions done by the parties, their agreement with the recommendations included in the revision reports filed and the testimony of Mrs. [social worker 1], the applicant, the following allegations are proven: − The parents still display alcohol-related problems; − The father displays anger management issues; − The mother is seeking help regularly to Social Services regarding her alcohol and personal issues; − On the night of April 12, 2018, the police had to intervene as there was an incident of conjugal violence between the parents in the presence of the children; − X, the oldest child, disclosed that she intervened between her parents in order to protect her mother; − Following this incident, the mother went to Town A to receive medical care and the father was detained; − From April 13 to April 18, 2018, the children were entrusted to their older brother until the return of the mother;

− The mother disclosed that she was very scared for her life during the episode of conjugal violence that occurred on the night of April 12, 2018, and decided not to live with the father anymore; − Since that night, the mother has been very protective towards her children; − The parents recognize the impact on the family of the incident of conjugal violence and they wish to attend therapy and treatment for their alcohol issues; [ 4 ] Because of their personal and conjugal issues, the parents neglect the children’s needs.

They have good parental skills when they are sober. [ 5 ] The mother offers good collaboration with the social worker and is motivated to improve her situation. She realized, since the last event of domestic violence, all the negative consequences for the children and she intends to remain separated from the father. [ 6 ] The father understands that he needs to seek help if he wants to come back home with his wife and children.

He is well aware that he needs to regain his wife’s trust. [ 7 ] During her detention, the father is ready to assume the children in the family residence and to leave the premises when the mother will be released. Then, she will assume the children.

CONSIDERING THE EVIDENCE AND THE PARTIES’ AGREEMENT WITH THE RECOMMENDATIONS, THE COURT: [ 8 ] GRANTS the motions; [ 9 ] DECLARES that the security and development of X, born on [...], 2002, Y, born on [...], 2006, Z, born on [...], 2011 and A, born on [...], 2014, are still in danger; [ 10 ] MAINTAINS the children with the parents; [ 11 ] ORDERS that the parents remain sober and refrain from all violence behaviours in presence of the children; [ 12 ] ORDERS the parents to ensure that the children X and Y attend school regularly; [ 13 ] RECOMMENDS that the parents seek help through Social Services for their personal and drinking issues; [ 14 ] ORDERS the father to attend anger management therapy; [ 15 ] ORDERS the Director of Youth Protection to conduct unannounced visits to the family household; [ 16 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the children and the parents until July 12, 2019; [ 17 ] AUTHORIZES the Director of Youth Protection to have access to the information regarding the mother and the father’s presence at appointment with the professionals and their level of motivation and collaboration; [ 18 ] ENTRUSTS the situation of the children to the Director of Youth Protection A who shall then see that the measures are carried out. __________________________________ DENYSE LEDUC, J.C.Q.

Me Cassandra Neptune Attorney for the children Me Sarah Bourgeois Lessard Attorney for the applicant Me Angele Tommasel Attorney for the mother Me Marianne Léonard Attorney for the father Date of hearing: July 25, 2018