2011 QCCQ 5456, 2011 QCCQ 5456

Protection de la jeunesse — 11860 2011 QCCQ 5456 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001291-100 640-41-001292-108 DATE: February 22, 2011 ______________________________________________________________________ BY THE HONOURABLE NANCY McKENNA, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection worker duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in A Applicant -and- X & Y, both residing and domiciled in Town A, Quebec, district A Children -and- A, residing and domiciled in Town A, Quebec, district A Mother -and- B, residing and domiciled in Town A, Quebec, district A Declared party in the case of X Father in the case of Y ______________________________________________________________________ JUDGMENT (Sections 38 & 75 of the Youth Protection Act) ______________________________________________________________________ [ 1 ] The delegate of the Director of Youth Protection asks the Court to declare the security and development of X, born on […], 2007 and Y, born on […], 2009, in danger according to

section 38(

b) of the Youth Protection Act. [ 2 ] At the hearing, the children are absent but represented by M e Jean-Claude Latraverse. The mother is represented by M e Sarah Plamondon. Y father is present and represented by counsel. On the birth certificate of X the father is undeclared. However, the evidence shows that Mr B is present in the child's life since birth and, according to the mother, he is the child's biological father. Accordingly, the Court believes it is in the best interest of X that Mr B, represented by M e Jacques Stuart, be granted status of party.

THE FACTS [ 3 ] Due to the young age of the children, their lawyer is unable to make any admissions. The parents admit several allegations of the petitions. Following the admissions and the testimony of the applicant, the Court considers there is preponderant evidence of the following facts. [ 4 ] The parents both have an alcohol problem and a history of conjugal violence. When under the influence of alcohol, fights have occurred which required police intervention.

The evidence arouses suspicions that the children might seriously or repeatedly be subjected to psychological ill-treatment due to the parents difficult relationship but it's not conclusive. [ 5 ] During the course of the summer, the parents' house was found in much disarray.

There was garbage all over the house and a lack of food was noted. [ 6 ] Furthermore, the parents didn't accept the D.Y.P. in their lives and failed to collaborate with Youth Protection workers. [ 7 ] This led to a compulsory foster care order for both children, pronounced by Grimard J. on July 28, 2010. [ 8 ] Following the Court order, the parents offered better collaboration to the D.Y.P., without however recognizing the underlying problems, which put the children's development at risk.

[ 9 ] In November 2010, the couple learned they were expecting another child. They decided to stop consuming alcohol. They are also showing increased interest in providing a safe environment for their children. [ 10 ] These relatively new changes are obviously in the best interest of the whole family.

However, the Court is of the opinion the parents need help to maintain their sobriety and to acquire the necessary parental skills to care for the two young children. [ 11 ] The evidence shows that the family environment is certainly not the most appropriate to provide the children with adequate supervision and support. In that sense, it constitutes a situation in which there is a serious risk that the parents do not provide for their children's basic needs if they do not receive help to stabilize their relationship and bring them to educate their children together.

APPLICABLE MEASURES [ 12 ] The Director of Youth Protection requests that the children be entrusted to the parents. A follow-up by the social services and the justice committee is also suggested. All parties agree with these recommendations. [ 13 ] In her assessment report the petitioner expresses fears that the parents' sobriety, motivated by the mother's pregnancy, maybe temporary and that the parents could go back to their old habits once the baby is born. [ 14 ] The parents are committed to seek help from social services in order to improve their parental capacities.

They also met with the justice committee in order to help them deal with the personal issues relating to alcohol abuse and domestic violence. [ 15 ] The evidence shows the parents have taken positive actions in order to address their problems. The Court recognizes that it is not easy to solve problems, which involve violence and alcohol abuse.

Perseverance after the birth of the coming child is the key in order to achieve long-term stability for the children. [ 16 ] The Court is of the opinion that the proposed measures are reasonable and will thus be ordered for a period of nine months. [ 17 ] FOR THE REASONS, THE COURT: [ 18 ] GRANTS the petitions; [ 19 ] DECLARES the security and development of X, born on […], 2007 and Y, born on […], 2009, being in danger under

section 38(b)(2) of the Youth Protection Act ; [ 20 ] ORDERS that the children be entrusted to their parents; [ 21 ] ORDERS that parents report periodically to the Director of Youth Protection on the measures applied to them and their children to put an end to the situation which endanger X and Y for a period of nine months; [ 22 ] ORDERS that the parents take an active

part in the application of the measures ordered by the Court; [ 23 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the children and their parents for a period of nine months; [ 24 ] ORDERS that both parents undertake not to consume alcohol or drugs or be under the influence of such substances in the presence of the children; [ 25 ] TAKES KNOWLEDGE of both parents intentions and therefore ORDERS them to continue their follow-up with social services and for the justice committee to work on their alcohol problems and anger management; [ 26 ] ORDERS that all professionals involved be permitted to exchange information regarding the children's situation; [ 27 ] ORDERS the police to collaborate in the execution of the present order; [ 28 ] ENTRUSTS the children's situation to the Director of Youth Protection for the purpose of executing the measures ordered by the Court. __________________________________ NANCY McKENNA, J.C.Q.

M e Stéphanie Lachance Cain Lamarre Casgrain Wells Lawyer for the D.Y.P. M e Jean-Claude Latraverse Legal Aid Lawyer for the children M e Sarah Plamondon Lawyer for the mother

M e Jacques Stuart Lawyer for the father Date of hearing: February 15, 2011