2012 QCCQ 17282, 2012 QCCQ 17282

Protection de la jeunesse — 126807 2012 QCCQ 17282 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] “Youth Division” Nos: 640-41-001477-121 640-41-001478-129 640-41-001479-127 640-41-001480-125 DATE: July 19, 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE LISE GAGNON, J.C.Q. ______________________________________________________________________ IN THE MATTER OF THE CHILDREN: X Born on […], 2007 Y Born on […], 2002 Z Born on […], 2000 A Born on […], 1998 [INTERVENANTE 1], person duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in A City (Quebec), district A Petitioner -and- B , residing and domiciled in A city (Quebec), district A; Mother -and- C , residing and domiciled at A city (Quebec), district A; Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director of Youth Protection (DYP) submits to the Court a motion for protection in the situation of X, Y, Z and A, because of the parents' drinking problem. [ 2 ] At the hearing, the parents are present and represented.

Today, they recognize their drinking problem and are ready to seek help to solve it. However, they still deny the conjugal violence. [ 3 ] As for the children, they told their attorney that they are tired of seeing their parents intoxicated and fighting. When it happens, they are afraid. They hope that their parents will remain sober from now on.

Reasons for DYP's intervention [ 4 ] The DYP is involved with this family since 2009 because the parents display alcohol and conjugal violence related problems. [ 5 ] To address the children's needs, the family benefited from DYP services under a voluntary measures that ended in May 2012. [ 6 ] Shortly after closing their file, the DYP retained four reports (May 24, June 10, June 18, June 27, 2012) stating that the parents were found drunk in the house and fighting in front of the children. [ 7 ] As mentioned in the social worker's report, in May 2012, the DYP knew that problems were not really solved but nothing

would show because of the very limited collaboration from the parents. However, the DYP knew it was just a matter of time for the situation to degenerate again. [ 8 ] Today, the four children have decided to talk and tell their parents that something is going wrong in the house. [ 9 ] Z is tired of the family situation. She explains that her parents drink on a regular basis in the house. She also says that she is scarred when they get intoxicated because they get angry at each other and fight.

However, she says there is no violence towards her or her siblings, except the yelling. [ 10 ] Z feels responsible for X when her parents are drinking. She is more or less going to school and her marks suffer from her absence in the classroom. Z says there is not enough food in the house. [ 11 ] Y strongly reacted to the DYP's presence in his life. He was shaking before he could talk. Y confirms that his parents are drinking often. He says he is scared because his parents fight when they are intoxicated.

He says: “I hate them when they are drunk.” [ 12 ] Like his sister, he says that there is not enough food in the house at times. Y does not attend school regularly and he presents behavioural problems such as inappropriate sexual behaviours. [ 13 ] A is an adopted child. He feels treated differently by his parents. He also sees them drinking on a regular basis and fight with each other. [ 14 ] A does not go to school anymore because of his aggressiveness. He does not want to attend anger management sessions.

However, he realises that his anger is uncontrollable and that he needs help. [ 15 ] As for X, she is 3 years old, but already has a strong personality. When she sees the social worker, she is unhappy and says that she does not like the Youth Protection workers.

She can show her finger to the social worker or to the police officer and even punch them in their stomach. [ 16 ] X is reproducing an attitude that she has seen somewhere, and most probably in hearing and looking at her parents' own attitude towards the social services. [ 17 ] X's behaviour shows she lacks parental limits. [ 18 ] The evidence clearly demonstrates that the children are suffering from their parents’ drinking problem and their little capacity to provide them with structure and limits. [ 19 ] The security and development of the children are compromised.

Analysis and applicable measures [ 20 ] At first sight, after reading the social reports, the Court was not of the view to maintain the children with their parents. [ 21 ] There was no recognition of the problems on the parents' part, neither desire to collaborate. The parents remained in denial.

Besides, the parents' attitude showed very little respect for the social worker's attempts to help them. [ 22 ] However, at the hearing, the social worker testifies that the parents’ attitude has changed in the last weeks. [ 23 ] She testifies that when the parents found out that their situation was taken to Court, they suddenly realized the seriousness of the situation. [ 24 ] Today, the parent's attorney confirms that the parents now really understand that they have to make changes.

She says that they are ready to make them and ready to collaborate with the DYP. [ 25 ] This is an important statement and it makes a difference. [ 26 ] Otherwise, the Court would not have been able to let the children with their intoxicated parents fighting while the children were not attending school and feeling hungry.

The children would have been entrusted to foster families. [ 27 ] The parents clearly need help, not only to solve their drinking problem, but also to improve their parental skills. [ 28 ] Hopefully, the parents now admit their problem and agree to work on them. [ 29 ] Considering their renewed collaboration with the social worker, the Court agrees to leave the children with their parents.

FOR THESE REASONS, THE COURT: GRANTS the petition; DECLARES that the security and the development of the children are compromised; ENTRUSTS X, Y, Z and A to their parents; ORDERS that the parents remain sober at all times in the presence of their children; ORDERS that the parents seek help to solve their drinking problem and conjugal issues;

ORDERS that both parents collaborate with the social worker and be present at the meetings requested on a regular basis; ORDERS surprise visits to the family house for the first three months to insure the parent's sobriety; ORDERS that a person working for an institution or body provides aid, counsel and assistance to the children and their family for a period of 12 months; ENTRUSTS the situation of X, Y, Z and A to the Director of Youth Protection of the A C.Y.P.C., who shall see that the measures be carried out; ORDERS the police to collaborate in the execution of this order. __________________________________ Lise Gagnon, J.C.Q.

M e Gabriel Gaudreault Attorney for the DYP M e Myriame Gaudreault Attorney for the children M e Angèle Tommasel Attorney for the parents Date of hearing: July 19, 2012