2012 QCCQ 11333, 2012 QCCQ 11333

Protection de la jeunesse — 123732 2012 QCCQ 11333 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF […] Youth Division DATE: July 4, 2012 ______________________________________________________________________ BY THE HONOURABLE CLAUDE BIGUÉ, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: Nos.: 640-41-001455-127 X , born on […], 2001 640-41-001456-125 Y , born on […], 2004 640-41-001458-121 Z , born on […], 2003 640-41-001457-123 A , born on […], 2007 ______________________________________________________________________ DONNA STEPHEN, Youth Protection Worker, duly authorized by the Director of Youth Protection A, Applicant and B Mother and C Father of X and D Father of Y, A and Z ______________________________________________________________________ JUDGMENT (Section 38 of the Youth Protection Act ) ______________________________________________________________________ [ 1 ] The Director is making an application for a foster placement for a period of six (6) months concerning four children: X, 11 years old, Z, 9, Y, 8 and A, 5.

All of them live in city A. [ 2 ] X’s father is absent and not represented; the three other children’s father, D, is present but not represented by a lawyer. B, the mother of all four children, is present and represented by lawyer Claude Beaudet. The children are represented by Me Yan Massé. The D.Y.P. is represented by lawyer Gabriel Gaudreault. ISSUES RAISED: - Position of the parties: [ 3 ] C, X’s father, made his position known through Me Massé, acting as a friend of the Court: he agrees with the conclusions of the petition. [ 4 ] D challenges the petition.

He denies having personal problems and refuses the measures proposed by the D.Y.P. [ 5 ] The mother agrees with the petition and is open to undergo treatment. [ 6 ] X agrees with the petition, but the other children have no precise position as to the allegations, though they confirm the alcohol and violence problems of their parents. THE FACTS: [ 7 ] D and B have lived as common-law partners for approximately 10 years now. They have three children. The mother’s oldest child is from a past relationship with C. [ 8 ] As a couple, D and B have been having many conflicts in their relationship over the years.

[ 9 ] C lives near city B, [province A], and he has not been involved in the life of the child X. In recent years, however, he got in touch with her now and then; he wishes to be more present for her. [ 10 ] The conjugal violence problems between B and D have been associated with alcohol and drug abuse. [ 11 ] Both attended treatment in 2008. [ 12 ] The problems resumed since then. The parents signed voluntary measures, first in February 2011, then in November 2011, recognizing that their children were endangered because of their substance abuse issue.

In November, a 30-day placement was agreed on. [ 13 ] In January 2012, the Director of Youth Protection (D.Y.P.) had to intervene with the mother as she was intoxicated while the children were present and without proper supervision. [ 14 ] Once more in February, the D.Y.P. had to intervene in a similar situation when the father, this time, was present. [ 15 ] The mother had bruises on her body and, on February 25, 2012, she finally found herself in a women’s shelter. ANALYSIS: [ 16 ] The mother agrees that she needs to attend treatment for substance abuse.

An appointment was made for February 20, 2012, but she cancelled it at the last minute because she feared to leave her community and her children. However, she continued to drink. [ 17 ] Once again now the mother is saying that she is willing to attend treatment. The plan was for her to go to the Treatment Centre A in May. The Court hopes that she really went this time. [ 18 ] As for the father, he insists on saying that he has no substance abuse problems, and that nobody will force him to go to treatment this time. He is currently working on shifts, 14 days of work and 7 days off, at [company A] in city B.

The mother says that the father needs treatment as well, and that he is nice when sober. [ 19 ] The substance abuse problem involves the use of cocaine and reveals to be serious enough to jeopardize family life and the children’s security. This is why X, Y and A had to be withdrawn from their parents, as decided on March 1, 2012 by Judge Lucille Chabot in a judgment on provisional measures.

As for Z, he was left with his mother under strict conditions; both went out of the community to city C for a period of time. [ 20 ] When the workers went to the parents’ house at the end of February, both parents were intoxicated. For the last months, their house had been a regular partying place, often in the presence of their children. Their house was no longer suitable for children to live there. [ 21 ] Six months ago, the child X had to move to her grandparents’ place, because of her mother’s excessive drinking. X wishes to go back home when her mother becomes sober.

She is successful in school and behaves well. [ 22 ] Z has difficulties with school work and he throws temper tantrums at school and at home. He has been suspended from school. [ 23 ] Y and A are reported to show good behaviour both at home and at school. They have been placed at the beginning of March 2012. [ 24 ] Overall, all children could be provided with a stable home with their parents, if the latter overcame their substance abuse problems and remained sober. The mother accepts to take up the challenge.

The father has to do the same, in the best interest of his children. [ 25 ] Most of the allegations of the petition were admitted or supported by the evidence. [ 26 ] The Court agrees with most of the comments made by the lawyers. [ 27 ] A short placement period will allow the parents to address their personal problems.

If they do not, a longer placement period will have to be considered. [ 28 ] It is indeed time for the parents to focus on their problems as they have a negative impact on their children. [ 29 ] The mother agrees; now she has to take the active steps she committed to. [ 30 ] The father will have to reconsider his position and decide for himself to undergo a similar treatment, in the best interest of his children. [ 31 ] An additional problem is caused by the interference of the paternal grandparents.

They seem to support, at least partly, the current position of the father who denies the situation in which the security and development of his children are in danger, and who refuses any intervention by the D.Y.P. [ 32 ] The Court must decide in the best interest of the children and not of the parents. [ 33 ] FOR THESE REASONS, THE COURT: [ 34 ] GRANTS the petition. [ 35 ] DECLARES the security and development of the four children in danger.

[ 36 ] ORDERS that the child X be entrusted to her maternal grandmother for a period of six (6) months, with possible reintegration with the mother if the situation allows. [ 37 ] ORDERS that the children A, Y and Z be placed in foster families for a period of six (6) months, with possible reintegration with the parents if and when the situation allows, subject to the following exceptions:

a) A and Y will be entrusted to their maternal grandmother until a foster home is found by the D.Y.P.; Z will remain with his mother between now and the date she starts treatment, and if she does not attend treatment in a short period of time, the D.Y.P. is authorized to place Z in a foster home;

b) The foster home will not be the paternal grandparents’ home. [ 38 ] TAKES INTO CONSIDERATION the consent of the mother to attend therapy, and ORDERS the mother to attend therapy for drug and alcohol abuse. [ 39 ] RECOMMENDS that the father D attend therapy for his drug and alcohol abuse problems. [ 40 ] ORDERS that the mother also attend an anger management program, a family therapy, and that she attend all workshops available in the community on drug and alcohol abuse. [ 41 ] ORDERS that a person working for the D.Y.P.

A provide aid, counselling and assistance to the parents and to the children for a period of six (6) months. [ 42 ] ORDERS that any contacts between the parents (B, D; C for

X) and the children be supervised by the D.Y.P. as to the terms and conditions. [ 43 ] ORDERS that the parents B and D take an active

part in the application of the measures ordered. [ 44 ] ORDERS that the parents be sober when they are in contact with the children; if the children are allowed to go to the parents’ house, PROHIBITS the parents from consuming alcohol or having alcohol in the house, and PROHIBITS the parents from allowing anybody under the influence of alcohol to enter the house. [ 45 ] PROHIBITS that Z be left in the presence of E. [ 46 ] ORDERS that the police collaborate in the execution of the enactment. [ 47 ] ENTRUSTS the situation of the four children to the D.Y.P. for the purpose of executing de present judgment. __________________________________ CLAUDE BIGUÉ, J.C.Q.

Me Gabriel Gaudreault For the Director Me Yan Massé For the children Me Claude Beaudet For the mother C, personally D, personally Date of hearing: May 8, 2012