2012 QCCQ 9649, 2012 QCCQ 9649

2012 QCCQ 9649 Protection de la jeunesse — 121388 JG2189 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] CITY OF […] « Youth Division »

N os : 640-41-001360-111 640-41-001361-119 DATE: February 28 th , 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE LISE GAGNON, J.C.Q. ______________________________________________________________________ IN THE MATTER OF THE CHILDREN: X Born on […], 2004 Y Born on […], 2001 [SOCIAL WORKER 1], person duly authorized by the Director of Youth Protection A C.Y.P.C., working in Town A (Quebec), district A; Petitioner -and- A , residing and domiciled in Town A (Quebec), district A; Mother -and- B , residing and domiciled in Town A (Quebec), district A; Father -and- LA COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE . ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director or Youth Protection submits to the Court a motion for revision of a Court order rendered April 8 th , 2011 by Justice Daniel Bédard in which the Court entrusted the children to a foster family for a period of eight (8) months. [ 2 ] Today, the parties submit to the Court a draft agreement on measures to put an end to the situation that compromises the security and the development of the children. [ 3 ] The Court finds it important to relate how the family situation evolved in the last months before ordering the implementation of the measures that the parties agreed upon.

[ 4 ] In May 2011, the mother was released from detention and came back to live in Puvirnituq. She started to see her children again as scheduled with the social worker. [ 5 ] The summer was difficult for the mother. She was drinking alcohol on a regular basis. [ 6 ] However, nothing came to the social worker's ears making her doubt that the mother was not sober in the children's presence. Over time, the mother respected very little the

schedule made by the social worker. The children were staying with her most of the time and the mother would call the social worker afterwards to let her know. [ 7 ] In September 2011, the

schedule being useless, the children were reintegrated with their mother. [ 8 ] On October 22 nd , 2011, the mother was found intoxicated with alcohol in the presence of her children. The mother admits that this happened on five other occasions. When the mother abuses of alcohol, the children go to their grandparents who live next door.

The grandparents are a good security net for the children. [ 9 ] The mother recognizes her difficulty and she collaborates well with the D.Y.P.. [ 10 ] When she is sober, the mother is adequate with her children but when she is depressed, she starts drinking in an abusive manner and forgets about her children. [ 11 ] The mother has a history of depression and suicidal ideas. [ 12 ] On February 10 th , 2012, the doctor met with the mother because the social worker was worried of the mother's psychological health. The mother was found to be anemic but not depressed.

The social worker thinks that a psychological evaluation would be important in order to better understand the mother and help her. [ 13 ] As for the children, X is doing well in school and does not present any difficulties at home. [ 14 ] Y's situation is different. He has lost two important paternal figures in the last year. His uncle has committed suicide and his father has been detained. Y has a hard time respecting rules at home. He can be angry and violent. Y disturbs the classroom. He does not do his homework.

Because of that, the social worker thinks that a psychological evaluation for him would be helpful. [ 15 ] At the hearing, the children and the mother are present and represented by attorneys. They agree with the allegations and the recommendations made by the D.Y.P.. [ 16 ] The draft agreement states that the consent of the parties is given in a free an enlightened manner.

They acknowledge the facts that endanger the security and the development of the children and the draft details these facts. [ 17 ] The measures proposed are the following: 3.1 To declare that the security and the development of X and Y be declared in danger; 3.2 That the children be entrusted to the mother; 3.3 That the mother seeks help for her personal issues and her alcohol consumption; 3.4 That the mother and Y both be psychologically assessed; 3.5 That aid, counsel and assistance be provided to the children and parents for a period of six months; 3.6 That the situation of the children be entrusted to the Director of Youth Protection for the execution of the measures that are ordered; 3.7 That the police collaborate in the execution of this order. [ 18 ] The Court is of the opinion that the measures are likely to put an end to the situation and respect the rights and interests of the child.

FOR THESE REASONS, THE COURT: ORDERS the implementation of the measures mentioned in the draft agreement signed by the parties on February 21 st , 2012. __________________________________ LISE GAGNON, J.C.Q. M e Robert-André Adam Attorney for the D.Y.P. M e Yan Massé Attorney for the children

M e Sarah Plamondon Attorney for the mother Date of hearing: February 28 th , 2012