2013 QCCQ 3674, 2013 QCCQ 3674

Protection de la jeunesse — 13536 2013 QCCQ 3674 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth Division N os : 615-41-001762-128 and 615-41-001763-126 DATE: February 8, 2013 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born [...], 2001 Y, born [...], 2004 [SOCIAL WORKER 1], exercising her profession at the Centre Jeunesse a having a place of business […] in City A, district A, […] Petitioner and A, residing and domiciled […] in City A, district A, […] Mother and B, unknown address Father of X and C, residing and domiciled […] in City A, district A, […] Father of Y ______________________________________________________________________ JUDGMENT (Sections 38 and 91 Y.P.A. , chap.

P-34.1 R.S.Q. ) ______________________________________________________________________ [ 1 ] [Social Worker 1], delegate of the Director of Youth Protection A, seizes the Court with two petitions asking that the security and development of X, born [...], 2001, and Y, born [...], 2004, be declared in danger (section 38 (b) (iii), (b) 2º and (

c) Y.P.A. ). [ 2 ] The mother is present at the hearing and Me Mylène Grondin assists her. The children are present and assisted by Me Angela Tommasel. Me Valérie Martel represents the petitioner. The father of X was served by a publication in the Journal de Montréal. Y's father was served, but he is detained since December 14, 2012. [ 3 ] The mother admits all the allegations and agrees with the measures. The children admit some allegations and also agree with the recommendations. A previous judgment rendered by the undersigned on July 6, 2009 with regard to

section 38 (b) 2º and (

c) of the Youth Protection Act is filed and also the criminal record of Mr C. A social study is filed and the social worker and the mother testified. [ 4 ] It is proved that the mother and her spouse, Mr C, still have serious problems with drugs and alcohol abuse.

Since 2008, social services had to intervene regularly because of the parents' way of life and the risk of negligence towards the children. [ 5 ] Mr B, X's father, is not involved in the child's life. [ 6 ] Mr C has a long list of criminal offences and he received a sentence of imprisonment last December 2012 for unpaid tickets. [ 7 ] Last September 24, Mr C fought with Z, one of the oldest son of the mother. Both were under the influence of alcohol at this occasion and the children witnessed the argument.

The children are very reluctant to discuss the family's situation and to reveal what they witnessed. [ 8 ] Last November 2, both parents were inebriate and did not know where the children were at 9:30 p.m. They were found by the police at 10:05 p.m. walking towards their family residence at one kilometre of it. They were brought to the police station and entrusted to an aunt, Mrs D.

They remained there for an additional period of 15 days. [ 9 ] Since Mr C refuses to collaborate, the mother intends to take steps in order to receive a therapy and she said that her spouse is also interested. [ 10 ] Considering the serious problems of the parents and their neglect towards the children, the Court declares their security and development in danger. [ 11 ] As applicable measures, the social worker recommends that the children be placed in a foster family for six months.

[ 12 ] Considering the recurrence of the parents' problems and the children's needs to evolve in a secure, stable and caring family, the parents must understand that the placement period of six months is short for them to prove their motivation, collaboration and their will to improve their behaviour, but sufficient for the Director of Youth Protection to evaluate their sincerity and honesty.

For the children, if the parents do not change their way of life, the Director of Youth Protection will have to provide them a life plan. [ 13 ] Considering the evidence and the parties' agreement, [ 14 ] FOR THESE MOTIVES, THE COURT : [ 15 ] DECLARES that the security and development of X and Y are in danger for the motives alleged; [ 16 ] ORDERS the placement of X and Y in a foster family for a period of six months; [ 17 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the children and the parents for a period of 18 months; [ 18 ] ORDERS the Director of Youth Protection to supervise the contacts and visits of the children with the parents; [ 19 ] ORDERS the mother and Mr C to participate in an assessment for their addiction problems and to follow all the recommendations of the professionals concerning those problems; [ 20 ] ORDERS the mother and Mr C to collaborate to the proposed recommendations; [ 21 ] ORDERS any police officer to collaborate in the execution of the present judgment; [ 22 ] ENTRUSTS the children's situation to the Director of Youth Protection for the purpose of executing this enactment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Valérie Martel, attorney for the petitioner Me Mylène Grondin, attorney for the mother Me Angela Tommasel, attorney for the children Date of hearing: January 3, 2013