2012 QCCQ 8148, 2012 QCCQ 8148

Protection de la jeunesse — 124328 2012 QCCQ 8148 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001472-122 640-41-001473-120 640-41-001474-128 DATE: July 16, 2012 ______________________________________________________________________ BY THE HONOURABLE JEAN-PIERRE GERVAIS, J.C.Q. ______________________________________________________________________ IN THE MATTER OF THE CHILDREN: X, born on [...], 2001 Y, born on […], 2006 Z, born on […], 2011 [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A, working in Town A Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The applicant is addressing the Court as she considers that, in accordance with

section of the Youth Protection Act , [1] the security and development of the three children born of the union of A and B must be declared endangered. [ 2 ] At the hearing, the mother is absent.

She informed the Youth Protection representative that she would not attend. [ 3 ] Nevertheless, through the lawyer she appointed, she indicates that she disagrees with the measures sought, but without giving any further details; she neither gives her view on any of the allegations. [ 4 ] As to the father, he is present and represented by counsel; he agrees with the recommendations made by the Youth Protection representative. [ 5 ] The children are also represented, but only the eldest expresses his agreement on the proposed measures; the other two are too young to give an opinion. [ 6 ] From the admissions made, the evidence heard and the documents filed, the Court notes the following essential elements. [ 7 ] The parents lived together for ten years approximately.

They have just recently parted and seem, for the time being, to be sporadically in relation. [ 8 ] A report made to the Youth Protection authorities led to the introduction of this application.

At first, the report was based on various allegations of violent behaviour by the father on more than one occasion, in particular some physical abuse on the children. [ 9 ] In this situation, the mother took refuge a few times in a women’s shelter with her children. [ 10 ] She is now ambivalent as to whether she should or not go back with the children’s father. [ 11 ] In any case, in the face of such difficulties, she does not seem able to provide proper care or a minimum of protection to the children against the father’s inadequate behaviour, at least not in the present moment. [ 12 ] It is therefore justified to order the foster placement of the children with gradual reintegration with the parents after five months,

if the situation appears adequate, so the mother has time to regain stability. [ 13 ] Moreover, it would be most advisable that the father undertake a serious process to solve the problems he has with alcohol and anger. [ 14 ] FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the motion; [ 16 ] DECLARES that the security and development of the three children are in danger; [ 17 ] ORDERS the foster care of X, Y and Z in a foster home for a period of ten months with possible reintegration after five months, if the situation allows; [ 18 ] ORDERS all access and visitation between the children and the parents to be supervised by the Director of Youth Protection in term of modality and frequency; [ 19 ] ORDERS both parents to seek help through the Social Services regarding their personal issues and, specifically, that the father attend an anger management program; [ 20 ] ORDERS that aid, counsel and assistance be provided to the children and the parents by the Director of Youth Protection; [ 21 ] ORDERS the police to collaborate in the execution of this order; [ 22 ] ENTRUSTS the situation of the children to the Director of Youth Protection for the execution of the order. __________________________________ JEAN-PIERRE GERVAIS, J.C.Q.

Me Cassandra Neptune Centre communautaire juridique A Lawyers for the children Me Gabriel Gaudreault Cain Lamarre Casgrain Wells Lawyers for the applicant Me Sarah Plamondon Lawyer for the mother Me Angèle Tommasel Lawyer for the father Date of hearing: June 19, 2012