2012 QCCQ 17275, 2012 QCCQ 17275

Protection de la jeunesse — 126781 2012 QCCQ 17275 JG2189 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] CITY OF [...] « Youth Division »

N os : 640-41-001360-111 640-41-001361-119 DATE : May 24, 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE LISE GAGNON, J.C.Q. ______________________________________________________________________ IN THE MATTER OF THE CHILDREN: X Born on […], 2004 Y Born on […], 2001 [INTERVENANT 1] and [INTERVENANTE 2], persons duly authorized by the Director of Youth Protection A C.Y.P.C., working in A City (Quebec), district A; Petitioner -and- A , residing and domiciled in A city (Quebec), district A; Mother -and- B , residing and domiciled in City A (Quebec), district A; Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director of Youth Protection (Director) submits to the Court a motion for revision of a decision rendered on February 28, 2012 in which the Court entrusted the children to the mother for a period of six (6) months. [ 2 ] Today, the Director requests that both children be entrusted to a foster home (the maternal aunt) for a period of six (6) months with a progressive return with their mother as soon as the situation allows it. [ 3 ] At the hearing, both parents are present and represented.

They both think the children could go back to live with their mother today. [ 4 ] The counsel for the children, after hearing the evidence, agrees with the recommendations made by the Director. Update of the situation since February 28, 2012 [ 5 ] The mother is still struggling with a drinking problem. Though she agreed in February to seek help to solve this problem, she did not. [ 6 ] In April 2012, the mother's situation deteriorates dramatically. The mother is intoxicated for two (2) full weeks without interruption.

[ 7 ] The grandparents, knowing the problematic situation, took care of their grandchildren while the mother was incapacitated. [ 8 ] The grandparents cannot continue to take care of the two (2) children. They are overwhelmed. The grandparents said for a long time they tried to give advice to their daughter, but with no results. [ 9 ] They do not want to compensate longer her incapacities. [ 10 ] The grandparents left on May 2 for a three (3) months vacation down south. [ 11 ] Since then, the children are living with their aunt. The mother can see them every day as long as she is sober.

The mother is very often at the aunt's house who is also very supportive for the mother. [ 12 ] At the hearing, the mother testifies. She says it is very difficult to decide to stop drinking. She dislikes feeling social pressure to stop drinking. She does not want to be ordered to seek treatment. She says, when she will be ready, she will go. [ 13 ] The mother recognizes her drinking problem, but sincerely, she says she is not ready to face treatment now. [ 14 ] As for the father, he has just come out of jail. He contacted his sons on a regular basis while he was detained.

These contacts were positives. [ 15 ] Now that the father is back, he wants to contribute in supporting the mother in any way he can.

The father has always been supportive in the past according to the mother. [ 16 ] The father is invited to inform the social worker of the evolution of his personal situation and to discuss the conditions and frequency of the visits with his sons. [ 17 ] The social worker testifies that the psychological evaluations for Y and his mother have not been released yet but she got some verbal recommendations from the psychologist a few days ago. [ 18 ] The psychologist says Y is emotional when it comes to his family situation. The psychologist suggests that he benefits from a therapy.

He also suggests that the mother attend one of the sessions with Y and the therapist. [ 19 ] As for the mother, the psychologist suggests that she continues her follow-up with C from the social services. He also suggests a medical assessment for a potential depression. The mother denies suffering from depression. She says she is tired because she has two (2) jobs and because she feels the pressure to stop drinking. Applicable measures [ 20 ] The mother recognizes her drinking problem but feels incapable to solve it at the moment. She wants to be prepared mentally when she will go to treatment.

So far, she is not yet ready. [ 2 1] As for the father, he is coming out of jail after a few years. He has been there for serious offences and the social worker wants to take some time to evaluate his situation and

schedule contacts between him and his children, which makes sense. [ 22 ] With the father's collaboration, this should not take long. [ 23 ] The father has maintained regular contacts with his children in the last years. He has always been supportive in the past. His positive contribution can benefit the children, even more in a period where the mother is still struggling to stop drinking. [ 24 ] Meanwhile, the children benefit from their aunt's good care. [ 25 ] Sending back the children to the mother today would be premature.

The mother's situation is too fragile for her to recover full responsibility of her children. The children need a stable environment composed of an adult that can be there for them on a daily basis. [ 26 ] However, at their aunt's house, they can see their mother whenever she comes. And their father is back in the community to support them as well. [ 27 ] The Court concludes that the children benefit from the best solution for now.

THEREFORE, THE COURT: GRANTS the present petition; REVISES the decision rendered on February 28, 2012; DECLARES that the security and the development of X and Y be declared endangered; ENTRUSTS X and Y into foster care (maternal aunt) for a period of six (6) months with a possibility of reintegration with their mother as soon as the situation allows it; RECOMMENDS that the mother seek help for her personal issues and her drinking problem in a specialized service such as a treatment center; ORDERS that Mr. Beltampo's psychological assessment of Y and his mother be deposited at the next hearing;

ORDERS that aid, counsel and assistance be provided to X, Y and their parents for a period of twelve (12) months ; ENTRUSTS the situation of X and Y to the D.Y.P. of the A C.Y.P.C., for the execution of this order; ORDERS that the police collaborate in the execution of this order. __________________________________ LISE GAGNON, J.C.Q. M e Gabriel Gaudreault Attorney for the D.Y.P. M e Jean-Francis Bonnette Attorney for the children M e Sarah Plamondon Attorney for the mother M e Angèle Tommasel Attorney for the father Date of hearing: May 24, 2012