2010 QCCQ 17623, 2010 QCCQ 17623

Protection de la jeunesse — 106619 2010 QCCQ 17623 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] “Youth division” N o : 635-41-000369-105 635-41-000370-103 DATE: December 2, 2010 ______________________________________________________________________ BY THE HONOURABLE MARC E.

GRIMARD, J.Q.C. ______________________________________________________________________ [SOCIAL WORKER] , youth protection worker, duly authorized by the Director of Youth Protection A C.Y.P.C., working city A Applican t -and- X Y , residing and domiciled in city A, Quebec, district A Children -and- A , residing and domiciled in city A, Quebec, district A Mother -and- B , residing and domiciled in city A, Quebec, district A Father ______________________________________________________________________ JUDGMENT Sections 38 & 75 Y.P.A., R.S.Q. c.

P.-34.1 ______________________________________________________________________ [ 1 ] The director of youth protection is requesting from the Court to declare that the security and development of X, born […], 1995, and Y, born […], 2000, are in danger under

Section 38 b) 2 o of the Youth Protection Act. The applicant recommends entrusting them to foster care for a period of six months with a progressive reintegration in her family if the situation allows it, and to order several measures of help for a period of one year. [ 2 ] On September 28, 2010, The Court entrusted the children to a foster family, under

Section 79 YPA, for a period of 30 days and extended the placement for another period of 30 days. This family has been involved with the Youth Protection services since the year 2000, as the children were living within an environment of high violence between the parents who were struggling with alcohol and drug issues. [ 3 ] The parents are separated and the mother is the main caregiver. Nevertheless, her financial situation is problematic, as she has no support from the father. The mother admitted drinking once or twice every two weeks from nine to twelve cans of beer.

When she receives money, she orders two cases of beer for the sum of 92 $. [ 4 ] The mother attempted to commit suicide and was hospitalized for two days. She was diagnosed with depression and the medical recommendation indicates that she should receive psychological therapy and integrate a treatment center for alcohol problem while her children were being place in foster family. She agreed with that but did not follow through.

She attended and completed a program at A Center on September 2008 and the recommendations indicated that she was at high risk of using alcohol and drug because of the environment where she lived. [ 5 ] X is evolving positively in school as well as in his foster family, so does Y. The children do not have any behaviour problems. Since the last order of the Court, they have been spending every weekend with their mother. If the petitioner considers that the children are well taking care by their mother during the weekend, she can certainly take care of them during the week with help.

The mother is ready to address her problem and she is now more cooperative with the petitioner who describes the mother has being a good

mother who had a phase of depression. [ 6 ] For his part, the father is not involved in his children’s life. He does not request any visits with his children, saying that his door is always open for them. During the last year, he was arrested and placed in detention six times due to assault on his girlfriend. [ 7 ] Considering the admissions of the parties, the testimonies and the reports filed, the Court is convinced that the recommendations are in the best interest of the children and that they respect their rights. FOR THESE MOTIVES, THE COURT: GRANTS the petitions; DECLARES that the security and development of X, born […], 1995, and Y, born […], 2000, are in danger under

Section 38 of the Youth Protection Act; ORDERS • that the children remain with their mother and that she report periodically (at least once a week) to the director on the measures she applies in her regard to put an end to the situation in which the security and development of the children are in danger, • that a person working for an institution or body provide help, counsel or assistance to the children and their parents, • that the parents take an active

part in the application of any of the measures ordered by the tribunal, • the mother to seek help for her alcohol and drug problems and also for her depression, • that there will be no consumption of alcohol in the presence of the children, • that the contacts between the father and the children be supervised by the DYP (frequency and modalities); All measures are for a period of eight months; ENTRUSTS the children’s situation to the Director who shall see that the measures are carried out; ORDERS the execution of the present judgment by any peace officer. __________________________________ Marc E.

Grimard, JQC M e Wolfgang Mercier-Giguère Counsel for the applicant M e Denis Trottier Counsel for the children M e Marie-Claude De Gagné Counsel for the mother Date of hearing: November 9, 2010