2011 QCCQ 17433, 2011 QCCQ 17433

Protection de la jeunesse — 116782 2011 QCCQ 17433 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001378-113 640-41-001379-111 640-41-001380-119 DATE: October 14, 2011 ______________________________________________________________________ BY THE HONOURABLE JEAN-PIERRE GERVAIS, J.C.Q. ______________________________________________________________________ [INTERVENANTE 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A C.Y.P.C., working in city A; APPLICANT and X, born on […], 2007 Y, born on […], 2009 Z, born on […], 2010 CHILDREN and A MOTHER and B FATHER ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The applicant is asking the Court to declare endangered the security and development of the children X, Y and Z, three, two and one year old respectively. [ 2 ] At the hearing, both father and mother are present and all the parties are represented by counsel. [ 3 ] Basically, the applicant is requiring the intervention of the Court on the grounds that the parents have serious drinking and conjugal abuse problems. [ 4 ] The children often see their parents taking it out on each other or on their older sister who is presently in the custody of her grandparents. [ 5 ] The use of violence has gotten to a point where, in the last year, the father and the mother had to be hospitalized for injuries incurred.

Furthermore, Mrs. A was imprisoned for assault on her older daughter. [ 6 ] Initially, the motion was to be heard last June but it was not until September 13 that it could indeed be presented. [ 7 ] The comments of the then presiding judge on the need for the parents to take hold of their life seem to have made their way. The parents have changed their behaviour dramatically to the extent that the situation has improved remarkably.

Not only have they taken steps toward solving their problems, but also they have offered their best collaboration whatsoever to the Director of Youth Protection. [ 8 ] This has led the applicant to review the motion and to recommend that the children be kept in their family environment, as long as the parents maintain their collaboration and their will to solve their problems. [ 9 ] For sure the situation is still fragile, as the mid-August incident proves. At that time, the children were left alone while the parents were intoxicated. [ 10 ] However, the efforts they made are significant.

Then it can be reasonable to think that the children, with proper supervision, can be safe with their parents. [ 11 ] The father and the mother must not forget that the decision to keep the children under their responsibility is entirely based on

their commitment to solve their problems and to collaborate for as long as needed with the Director of Youth Protection. [ 12 ] FOR THESE REASONS, THE COURT: [ 13 ] GRANTS the motion; [ 14 ] DECLARES that the security and development of the children X, Y and Z, born on […], 2007, […], 2009 and […], 2010, are endangered; [ 15 ] ORDERS that the children X, Y and Z remain with their parents; [ 16 ] ORDERS that the parents continue their follow-up with the Social Services; [ 17 ] ORDERS that the parents continue to be involved in a program to solve their alcohol consumption and conjugal violence problems; [ 18 ] ORDERS the parents to abstain from consuming alcohol in the presence of the children; [ 19 ] ORDERS the parents to abstain to be in a state of intoxication in the presence of the children; [ 20 ] AUTHORIZES the Youth Protection to do unannounced visits at the residence of the children; [ 21 ] ORDERS the parents to participate actively in all the measures recommended by the Director of Youth Protection; [ 22 ] ORDERS that aid, counsel and assistance be provided to the parents and to the children for a period of twelve months; [ 23 ] ORDERS the police to collaborate in the execution of this judgment; [ 24 ] ENTRUSTS the situation of the children to the Director of Youth Protection for a period of twelve months for the execution of the order. __________________________________ JEAN-PIERRE GERVAIS, J.C.Q.

Me Robert-André Adam Cain Lamarre Casgrain Wells Lawyers for the applicant Me Jean-Claude Latraverse Centre communautaire juridique A Lawyers for the children Me Sarah Plamondon Lawyer for the mother Me Angèle Tommasel Lawyer for the father Date of hearing: September 13, 2011