2012 QCCQ 9663, 2012 QCCQ 9663

Protection de la jeunesse — 121391 2012 QCCQ 9663 JG2189 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] CITY OF [...] « Youth Division »

N os : 640-41-001444-121 640-41-001445-128 640-41-001446-126 640-41-001447-124 640-41-001448-122 DATE: February 28 th , 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE LISE GAGNON, J.Q.C. ______________________________________________________________________ IN THE MATTER OF THE CHILDREN : X Born on […], 2007 Y Born on […], 2003 Z Born on […], 2002 A Born on […], 2001 B Born on […], 1997 [SOCIAL WORKER 1], person duly authorized by the Director of Youth Protection A C.Y.P.C., working in Town A (Quebec), district A; Petitioner -and- C , residing and domiciled in Town A (Quebec), district A; Mother -and- D , residing and domiciled in Town A (Quebec), district A; Father -and- LA COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE . ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director of Youth Protection submits to the Court a motion for protection for the followings reasons: « 4. [ … ]

4.1.

The Youth Protection is involved with the family since 2008; 4.2 The parents display alcohol related problems; 4.3 The children have witnessed conjugal violence between their parents; 4.4 On October 1, 2011, the mother had to go to the clinic following an event of conjugal violence as she had a laceration on her head that was bleeding abundantly; 4.5 The parents are not providing a structured environment to the children; 4.6 The youths A and B are not attending school on a regular basis; 4.7 The youths A and B are regularly staying out late and sleeping all day; 4.8 The collaboration of the parents with the Youth Protection is irregular. » [ 2 ] To address the children's needs, the Director of Youth Protection recommends to the Court that the children be maintained with their parents at different conditions, with the assistance of social services for a period of twelve (12) months. [ 3 ] At the hearing, the parents admit most of the allegations of the motion.

They recognize their drinking problem and that the children have witnessed events of conjugal violence. The parents also admit that A and B were not attending school and were regularly staying out late and sleeping all day at the time that the D.Y.P. evaluated the situation. Both parents say that the children are now going to school on a regular basis. [ 4 ] The attorney for the children says that the children do not like to see their parents drinking alcohol. They also report being scared when their parents fight.

However, the children want to be maintained with their parents. [ 5 ] The allegations in the motion are proven to the Court's satisfaction. [ 6 ] At first, the parents had a tendency to minimize the situation or not to recall the episodes of violence. They were not very collaborative. [ 7 ] Today the parents do recognize their problems and they are ready to address them with the social services' support.

That is a first step in the right direction. [ 8 ] Because of that, the Court agrees to maintain the children with their parents. [ 9 ] In addition, to support the parents in providing their children with a better discipline, the Court will implement by his order their decision to impose a curfew for the children of 9:00 p.m. during school days and 11:00 p.m. when the children are on holiday.

FOR THESE REASONS, THE COURT: GRANTS this motion; DECLARES that the security and development of X, Y, Z, A and B are in danger; ENTRUSTS X, Y, Z, A and B to their parents; ORDERS that the parents respect the following conditions: ▪ Acknowledge the fact that the parents will have the children respect a curfew of 9:00 p.m. during school days; ▪ Acknowledge the fact that the parents will have the children respect a curfew of 11:00 p.m. outside school days, except to go visit a family member or a friend overnight during these holiday periods; ▪ Order to the parents not to be intoxicated in the presence of the children; ▪ Order to the parents not to allow other people to be intoxicated in the presence of the children; ▪ Order that the parents refrain from fighting in the presence of the children; ORDERS that the parents meet with the D.Y.P. worker on a regular basis; ORDERS that the parents ensure that their children attend school regularly; ORDERS that the D.Y.P. provide aid, counsel and assistance to X, Y, Z, A, B and their family for a period of twelve (12) months; ENTRUSTS the situation of the children X, Y, Z, A and B, to the Director of Youth Protection A C.Y.P.C., who shall then see that the measures are carried out; ORDERS the police to collaborate in the execution of the order;

__________________________________ LISE GAGNON, J.Q.C. M e Robert-André Adam Attorney for the D.Y.P. M e Yan Massé Attorney for the children M e Sarah Plamondon Attorney for the parents Date of hearing: February 28 th , 2012