2015 QCCQ 11204, 2015 QCCQ 11204

Protection de la jeunesse — 151925 2015 QCCQ 11204 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division Nos: 614-41-000001-158 614-41-000002-156 614-41-000003-154 614-41-000004-152 614-41-000005-159 DATE: March 24, 2015 ______________________________________________________________________ BY THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2011 Y, born on […], 2008 Z, born on […], 2006 A, born on […], 2003 B, born on […], 2001 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A, district A Applicant and C, residing and domiciled in City A, district A Mother and D, residing and domiciled in City A, district A Father ______________________________________________________________________ JUDGMENT ( sections 38 , 75 and 91 of the Youth Protection Act , R.S.Q. c.

P-34.1) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing a child or the child’s parents to be identified. Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Court is seized of a petition from the Director of Youth Protection asking that the children’s security and development be declared in danger in regard to subparagraphs (

b) and (

c) of the second paragraph of

section 38 of the Youth Protection Act [1] . [ 2 ] The Youth Protection Director is asking for a placement in a foster home until August 30, 2015. [ 3 ] The parents were present and represented by Mtre. Myriam Gaudreault. They admitted almost all the allegations in the petition. At the beginning of the hearing, they agreed to become involved in a workshop on parenting skills and participate in a follow-up concerning their anger management problem, but they disagreed with the placement in a foster family.

After the testimony of the applicant, [Social Worker 1], they changed their position and agreed with the placement. They plan to go for treatment for alcohol abuse and anger management. The evidence [ 4 ] On May 1, 2014, the parents signed an agreement on voluntary measures for a period of 12 months. They recognized the existence of a situation which was endangering the security and development of the children. They made the following admissions: • The parents have a substance problem, using even in the presence of the children.

• The parents entrust their children to irresponsible adults (babysitting) that drink alcohol while being responsible for the children. • The parents display violent behaviour (verbal and physical) in the presence of the children. [ 5 ] The parents agreed to the following measures: • The parents will attend therapy for substance problems. • The parents will meet with a counsellor to resolve their marital problems and their aggressiveness. • The children will remain with the parents. • The parents will actively participate in the follow-up proposed by the social worker and will attend the scheduled meetings. • Aid, counselling and assistance will be provided to the parents and the children. [ 6 ] In fact, the parents' cooperation was very low, and they did not receive any treatment or counselling.

The evidence shows that there was serious neglect. [ 7 ] The children missed school regularly. They seemed to be hungry at school.

They missed medical follow-up for allergic reaction and dental appointments. [ 8 ] The children have poor hygiene, dirty clothes, bad dental hygiene and skin problems, with no proper treatment. [ 9 ] According to the testimony of [Social Worker 1], neglect has been present since 2004. [ 10 ] The children have been placed in emergency or regular placement for different periods since 2004: • For B, between 2004 and 2012 (11 placements) • For A, between 2004 and 2012 (24 placements) • For Z, between 2007 and 2013 (24 placements) • For X, between 2011 and 2013 (9 placements) • For Y, between 2007 and 2013 (25 placements) [ 11 ] The children are regularly exposed to alcohol, drunken individuals and violence between the parents. [ 12 ] It is clear from the overall evidence that the security and development of all the children are in danger under paragraphs ( b )(1) (i), (ii) and (iii) of

section 38 of the Youth Protection Act . The Court also accepts the risk of neglect under

section 38( b ) (2) of the Youth Protection Act . Finally, there also a situation in which the children are repeatedly exposed to conjugal violence, which constitutes psychological ill-treatment under

section 38(

c) of the Youth Protection Act. The applicable measures [ 13 ] The Court must underline that the welfare of the children has been jeopardized since 2004 without intervention from the Court. This situation is unacceptable, particularly because of the fact that the children were seriously neglected. [ 14 ] Young children are very vulnerable; they rely on their parent’s capacity to recognize their needs and protect them. [ 15 ] The Court is of the opinion that the placement of the children is a necessity. Both parents have shown some capacity to understand the seriousness of the situation.

They intend to attend therapy and agree to cooperate with the Director of Youth Protection. It is very difficult to assess the capacity of the parents to learn about parenting. But it is clear that, without the serious involvement of the parents in improving their situation, there is no possibility of reintegration into their home. The Court must provide a safe and nurturing environment on a permanent basis. [ 16 ] The Court entrusts the situation to the Director of Youth Protection, who will have the delicate duty of assessing whether the parents will be able to meet the needs of their children.

In any case, the Court wishes to avoid having the children return to a neglectful environment.

THEREFORE THE COURT: [ 17 ] GRANTS this motion; [ 18 ] ORDERS the placement of the children X, born on […], 2011, Y, born on […], 2008, Z, born on […], 2006, A, born on […], 2003, and B, born on […], 2001, in a foster family until August 28, 2015, with the possibility of reintegration, if the situation allows, once the parents have completed their treatment for alcohol and anger management issues; [ 19 ] ORDERS that aid, counselling and assistance be provided to the children and their parents for a period of twelve (12) months; [ 20 ] ORDERS that the children receive all the services and medical care required by their situation;

[ 21 ] ORDERS that contact between the children, their parents and the extended family be supervised by the Director of Youth Protection as to the terms, frequency and degree of supervision, if necessary; [ 22 ] ORDERS that the parents be sober at all times in presence of the children; [ 23 ] ORDERS that all the children of school age attend school regularly; [ 24 ] ORDERS that the parents attend treatment for alcohol and anger management issues and that they follow the recommendations of the professionals for the post-therapy follow-up; [ 25 ] ORDERS that the parents be given access to a workshop on parenting skills; [ 26 ] ORDERS that the parents receive regular follow-up regarding their anger management problems; [ 27 ] ORDERS the police to cooperate in the execution of this order; [ 28 ] ENTRUSTS the situation of the children to the Director of Youth Protection A, who shall see that the measures are carried out. __________________________________ RENÉE LEMOINE J.C.Q.

Mtre. Joanie Jacob Counsel for the children Mtre. Suzanne Arpin Counsel for the applicant Mtre. Myriam Gaudreault Counsel for the parents Date of hearing: January 29, 2015