2013 QCCQ 10154, 2013 QCCQ 10154

Protection de la jeunesse — 132919 2013 QCCQ 10154 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF […] Youth Division DATE: June 12, 2013 ______________________________________________________________________ PRESENT: THE HONOURABLE CLAUDE BIGUÉ J.C.Q. ______________________________________________________________________ IN THE MATTER OF: Nos. 635-41-000493-129 X , born on […], 2006 635-41-000494-127 Y , born on […], 2007 ______________________________________________________________________ [SOCIAL WORKER 1] Petitioner and A AND B Parents ______________________________________________________________________ JUDGMENT (section 38, Youth Protection Act ) ______________________________________________________________________ [ 1 ] The Director of Youth Protection asks the Court to declare that the security and development of X, 6 years old, and Y, 5 years old, are in danger according to the Youth Protection Act .

ISSUES RAISED [ 2 ] The situation of endangerment is not challenged. [ 3 ] The only issue that is contested is the duration of the measures to be ordered. THE FACTS [ 4 ] The youth protection authorities have been involved in the life of the family since 2009. [ 5 ] On August 25, 2009, Denyse Leduc J. declared that the security and development of the children were in danger.

Placement in a foster home was ordered for 4 months. [ 6 ] On July 12, 2010, Louis Grégoire J. declared that the security and development of the children were still in danger; he ordered entrustment to the parents, plus protection measures applicable for 6 months. [ 7 ] On June 27, 2012, the situation of endangerment was once more present.

An agreement on voluntary measures was signed and the children had to remain entrusted to a foster family for a period of 6 months. [ 8 ] The mother still has problems of alcohol abuse. [ 9 ] The father displays anger management problems; he also consumes drugs regularly, even when the children are present. [ 10 ] The relationship between the parents is up and down; many conjugal violence events disturbed the children, quite a few times. [ 11 ] The parents deny their difficulties and their negative impact on the children. [ 12 ] The parents’ cooperation with the youth protection workers is irregular.

ANALYSIS [ 13 ] The parents wish that the Director of Youth Protection would withdraw from their family’s life. Their cooperation is irregular. The mother states that she agrees with the proposed measures, but for a period much shorter than the 12 months requested by the Director. [ 14 ] The parents do not seem to understand the seriousness of the situation concerning their children.

[ 15 ] A serious warning is hereby given to the parents that they have to get actively involved in the measures, in the best interest of their children. [ 16 ] The following issues have to be addressed: 1) The consumption of drugs has to stop, especially when the children are present; 2) The parents have to decide on the future of their relationship as a couple; if they decide to live together, domestic violence episodes have to disappear, especially in presence of their children; 3) The parents have to become more responsible towards their children; 4) The family house has to be a secure and safe environment for the children; 5) The parents must also address their problems related to alcohol abuse. [ 17 ] These numerous problems have been present for a long period.

They are serious and demonstrate a pattern of life that must change. A period of 12 months for the application of the measures is a minimum. [ 18 ] The parents should see the presence of the D.Y.P. in their life as a support.

They have recently demonstrated more cooperation with the workers and they should continue in that way, in the best interest of the family. [ 19 ] Especially in the initial phase of applying the measures ordered by this judgment, the follow-up by the D.Y.P. will have to be intensive, in order to make sure that the parents put an end to the situation in which the security and development of the children are in danger. [ 20 ] The degree of supervision may be reduced if and when the parents cooperate fully. [ 21 ] The measures will therefore apply for 12 months. [ 22 ] If the parents do not remain sober when in presence of their children, the file may be brought back to the Court at any time. [ 23 ] FOR THESE REASONS, THE COURT: [ 24 ] GRANTS the motion. [ 25 ] DECLARES that the security and development of X (2006-[…]) and Y (2007-[…]) are in danger. [ 26 ] ORDERS that the two children remain with their parents. [ 27 ] ORDERS that a person working for an institution or a body provide aid, counselling and assistance to the children and to the parents for a period of one (1) year. [ 28 ] ORDERS that the parents report periodically to the Director, as scheduled, on the measures they apply in their own regard or in their children’s regard to put an end to the situation in which the security and development of the children are in danger. [ 29 ] ORDERS that the parents take an active

part in the application of all the measures ordered by the Court. [ 30 ] ORDERS that the parents seek help to address their problems of substance abuse, notably drug use in the case of the father and alcohol use in the case of the mother. [ 31 ] ORDERS that the parents not consume alcohol or drugs in presence of their children. [ 32 ] ORDERS that the parents seek help for their conjugal issues. [ 33 ] ORDERS that the children attend school every day. [ 34 ] ORDERS that the police cooperate in the execution of this judgment, if necessary. [ 35 ] ENTRUSTS the children's situation to the Director of Youth Protection of the A C.Y.P.C. for the purpose of executing the present judgment. [ 36 ] DECLARES that the measures of this judgment will apply for twelve (12) months. __________________________________ CLAUDE BIGUÉ J.C.Q.

Mtre. Gabriel Gaudreault Counsel for the petitioner Mtre. Myriame Gaudreault Counsel for the children

Mtre. Jacques Stuart Counsel for the mother A, father, present and not represented Date of hearing: April 16, 2013