2012 QCCQ 17505, 2012 QCCQ 17505

Protection de la jeunesse — 126805 2012 QCCQ 17505 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” Nos: 635-41-000442-118 635-41-000441-110 635-41-000440-112 635-41-000439-114 DATE: July 16, 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE LISE GAGNON, J.C.Q. ______________________________________________________________________ IN THE MATTER OF THE CHILDREN: X Born on […], 2009 Y Born on […], 2003 Z Born on […], 2001 A Born on […], 1996 [SOCIAL WORKER 1] and [SOCIAL WORKER 2], persons duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A(Quebec), district A; Petitioner -and- B , residing and domiciled in Town A(Quebec), district A; Mother -and- C , residing and domiciled at Town A(Quebec), district A; Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director of Youth Protection (DYP) submits to the Court a motion for revision of a decision rendered on January 10, 2012, by Justice Daniel Bédard in which he maintained the children with their parents for a period of six months and asked the parents to seek help for their drinking problem and to participate in parental skills meetings. [ 2 ] Today, the DYP recommends to entrust Z to a reception center for a period of six months and to maintain the three other children with their parents with the same requirements, namely to seek help for their drinking problem and to participate in parental skills' meetings. [ 3 ] The parents are present at the hearing with their attorney.

They say they drink outside the house and they have a proper babysitter when they go drinking. They do not quite see the need for seeking help for their drinking problem. However, they recognise that they would benefit from participating in parental skills' meetings. [ 4 ] The children's attorney says that she met with D says that her parents still display drinking problems but that she, herself, quit drinking last April. She now wants to finish high school. [ 5 ] As for E, he agrees to stay in a reception center for six months. [ 6 ] For the two younger children, the attorney agrees with the recommendations.

Update of the situation since January 10, 2012

[ 7 ] The parents did not comply with the previous order. They did not participate in the parental skills' meetings and they did not seek help for their drinking problem. They still think that they do not need that help, except for the parental skills. [ 8 ] The mother admits that there is still some violence in the family but it is not as frequent, she says. [ 9 ] The mother realises that she is closer to her younger children and less interested in E’s situation who has started to present behaviour problems.

The mother seems reluctant to help him and she is less collaborative when it comes to him. [ 10 ] Z is not attending school regularly and the mother justifies his absences. Z has aggressive behaviours and consumes marijuana. He appears tired and hungry. The mother forbids him to see a nurse or a doctor. [ 11 ] E's psychological evaluation could not be completed because he did not collaborate.

However, some medication was prescribed to him (Concerta), but his mother did not give it to him. [ 12 ] The mother is not engaged in E’s follow-up with school and specialists. [ 13 ] Z has a possible FASD (foetal alcohol syndrome disorder) and an evaluation by the psychiatrist should be done shortly. [ 14 ] Since June 13, 2012, Z lives at the group home. Upon his arrival, he presented tantrums and had difficulty respecting rules. He now behaves better and understands he needs to live there. [ 15 ] As for D, she has not been in school for two years. She used to drink alcohol regularly.

She now says she quit drinking. [ 16 ] Y is developing well. She goes to school and has normal interactions with her friends. Her parents’ situation does not seem to have any impact on her yet. [ 17 ] As for X, she is still very young but is developing well. Analysis and applicable measures [ 18 ] The parents should understand that the DYP is not there to be a burden on them but to help them to improve their parental skills. [ 19 ] A says that there is still some drinking in the house. A developed a drinking problem herself.

The parents drinking behaviour certainly had an impact on her. [ 20 ] The parents must realise that they represent a model for A and their three other children as well. Children will imitate them. [ 21 ] The parents are invited to seek help for that drinking problem because they seem to still struggle with it. Parents should show the example. [ 22 ] As for E, he has developed behaviour problems that are certainly related in part to what he has seen in the house. [ 23 ] His parents have also neglected to answer his specific needs. The mother justifies his absences at school.

She does not collaborate with specialists and school authorities. [ 24 ] Z feels very little important in her mother's eyes. This has certainly an impact on his behaviour. [ 25 ] The parents need to improve their parental skills in order to correct that situation.

Z must feel as important as the other ones. [ 26 ] At the hearing, the Court told the parents that if they have such problems with the two eldest, it is very important for them to attend these parental skills' meetings to avoid developing the same problems with the two youngest ones. [ 27 ] This time, the Court takes the parents' word that they will comply with the order. [ 28 ] But if the parents do not do what they say they will do in the next six months, the Court might have to take other decisions to provide the children with an environment that will serve better their security and development.

FOR THESE REASONS, THE COURT: GRANTS the petition; REVISES the decision rendered on January 10, 2012 by Justice Daniel Bédard; DECLARES that the security and the development of the children are still compromised; ENTRUSTS X, Y and A to their parents; ENTRUSTS Z to a reception center for a period of six (6) months ; ORDERS that Z be evaluated by a child psychiatrist and that the youth and his parents follow the recommendations of the professional; ORDERS that Z and his parents follow the psychologist‘s recommendations made in May 2012; ORDERS that A receives help for her personnel issues; ORDERS that the parents seek help for their drinking issues;

ORDERS that the parents participate in parental skills' meetings; ORDERS that a person working for an institution or body provides aid, counsel and assistance to the children and their family for a period for one (1) year; 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 Marie-Claude De Gagné Attorney for the parents Date of hearing: July 16, 2012