2012 QCCQ 7994, 2012 QCCQ 7994

Protection de la jeunesse — 121702 2012 QCCQ 7994 JC0B11 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF […] Youth Court Division No: 760-41-004092-113 760-41-004093-111 760-41-004094-119 760-41-004095-116 DATE: January 20 th , 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________

X Born : […], 1995 Y Born : […], 1996 Z Born : […], 2001 A Born : […], 2003 Children THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner -and- B Mother of the children -and- C Father of the child X -and- D Father of the children Z and A JUDGMENT

______________________________________________________________________ [ 1 ] Motions for protection are submitted to the Court concerning the uterine siblings X, born on […] 1995, Y, born on […] 1996, Z, born on […] 2001 and A, born on […] 2003. [ 2 ] The Director alleges that the situation of the children are compromised for the reasons detailed in paragraph 3 of the motions. In addition to other measures, the Director recommends that the children remain with their mother and receive aid, counsel and assistance for a period of one year. [ 3 ] X's father, Mr.

C, is of unknown address and has been absent from his daughter's life for many years. The same can be said of Z and A's father, Mr. D. The Court proceeds in their absence and dispenses service in virtue of

article 76 of the Youth Protection Act . [ 4 ] The Director produces by consent, the reports on the analysis of the children's social situation as evidence (D-3 et D-4 bundled), in lieu of testimony of their authors. [ 5 ] The admissions of the parties as to the motions are noted in the Court record and they indicate their assent as to the measures proposed. [ 6 ] X and Y are born when the mother was residing in her native area of [area A], Quebec. [ 7 ] In 2001, the mother entrusts X and Y to their maternal grandmother, and subsequently moves to city A [province A] to reside with Mr. D.

From this union are born Z and A. After approximately five years, the relationship ends. [ 8 ] Subsequent to her separation with Mr. D, the mother takes parenting courses and is afflicted with various health issues, including a diagnosis of depression, for which she receives treatment. [ 9 ] In 2010, the mother marries Mr. E, a resident of [state A]. Although the couple have a good relationship and have the intention of moving to Quebec, Mr.

E's continued responsibilities in [state A] and financial issues impede this process. [ 10 ] In December 2010, the mother entrusts Z and A to their maternal grandmother, permitting her to reside primarily with her new husband in [state A]. The mother indicates that albeit her distance, she maintains regular contact with them. [ 11 ] In August 2011, the maternal grandmother is hospitalized following a stroke and is no longer able to care for the children. The mother returns from [state A], with her husband, to care for her four children at her parent's home. [ 12 ] The family re-unification is challenging.

The mother, having left the primary care of her children to the grandmother, has to re- establish her role and parental authority. To this instability is added the construct of a new step-father and the stress resulting from the grandmother's continued health issues.

While the mother hopes to eventually purchase a house in the area, the family resides in the grandparent's home, which is overly-cluttered and where space is restricted. [ 13 ] X and Y, who have been under the care of their grandmother since 2001, exhibit behavioural issues for which the family had been followed for several years by a social worker from the CLSC (suicidal ideations, self-mutilation, oppositional behaviour). In times of crisis, the grandmother could be verbally abusive and denigrating with the children.

Both adolescents would benefit from therapy to help them deal with their individual issues. [ 14 ] Since September 2011, the children's school attendance is problematic as frequent absences and lateness are noted by the school authorities. Y is unmotivated and often refuses to go to school.

Z and A have learning disabilities which offer additional challenges which further justify an intervention towards ensuring their regular school attendance. [ 15 ] The mother is capable of offering structure and rules to the children, but notwithstanding, she has difficulties in adressing any resistance and is frequently overwhelmed by the stresses of her situation and responsibilities. [ 16 ] The family environment needs to be stabilized and the family offered the tools and the support required to improve their relationships and ensure harmony and coherence. [ 17 ] The Court determines that the security and the development of the children are compromised and that the recommendations forwarded by the Director of Youth Protection are appropriate and in their best interests. [ 18 ] FOR ALL THESE REASONS, THE COURT: [ 19 ] GRANTS the present motions; [ 20 ] DECLARES that the security and development of the children X, Y, Z and A are in danger; [ 21 ] ORDERS that the children remain in the maternal environment; [ 22 ] ORDERS that the children attend school on a constant basis and that all absences be reasonably justified; [ 23 ] TAKES ACT that the children undertake to attend school on a constant basis; [ 24 ] ORDERS that the children receive health services required by their respective situations; [ 25 ] ORDERS that the children and their mother participate actively in the measures;

[ 26 ] ORDERS that aid, counsel and assistance be provided to the children and their family for a period of one year; [ 27 ] ORDERS that X, Y and their mother report to the Director in person, at regular intervals, to inform of their current situation; [ 28 ] ENTRUSTS the situation of the children to the Director of Youth Protection of Le Centre jeunesse A for the execution of the measures; __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Karine Nantais Attorney for the Director Me Karine P. Poissant Attorney for the children Me Michel Robert Attorney for the mother Date of hearing: January 20 th , 2012