2013 QCCQ 13064, 2013 QCCQ 13064

Protection de la jeunesse — 134311 2013 QCCQ 13064 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” Nos: 635-41-000463-122 635-41-000464-120 635-41-000465-127 DATE: September 27, 2013 ______________________________________________________________________ BY THE HONOURABLE MARC E.

GRIMARD, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A C.Y.P.C., working in A City Applicant -and- X, Y and Z, residing and domiciled in A City, province of Québec, district A Children -and- A, residing and domiciled in A City, province of Québec, district A Mother B, residing and domiciled in A City, province of Québec, district A Father ______________________________________________________________________ JUDGMENT ( Sections 95 ( par. 1) and 75 , Youth Protection Act, R.S.Q c.

P-34.1 ) ______________________________________________________________________ [ 1 ] The Court is seized of motions for revision under Sections 95 ( par. 1) and 75 of the Youth Protection Act for each of the children X, born on December 24, 2008, Y, born on […], 2002 and Z, born on […], 2000. [ 2 ] The applicant is requesting to the Court that the measures or orders rendered on July 17, 2012 by the Honourable Judge Lise Gagnon be extended, in particular that the children be entrusted to their mother for a period of six (6) months. [ 3 ] At the hearing, the children and the parents are present and represented by their respective lawyer.

All the parties agree with the measures recommended by the applicant. [ 4 ] The Director of Youth Protection has been involved in this family since February 2011. [ 5 ] Since the last judgement, it was discovered that the child X has a malformation of the lungs and, in November 2012, she had a surgery to install a feeding tube.

At the beginning, the mother had a little bit of difficulty to learn the skills how to feed her child, but now the mother carefully follows the medical guidelines and provides the medication to the child as requested. [ 6 ] When the assessment period began, the father was still detained and the mother seemed highly motivated to receive support from the workers and from centre A.

Moreover, the mother openly expressed that her children seemed happier when the father was not living under the same roof and that she wanted him out of the house. [ 7 ] When the father was released from detention in fall 2012, the mother accepted that he lives with the family. In November 2012 and February 2013, there were 3 episodes of conjugal violence from the father towards the mother, all because he was highly intoxicated.

Both parents admit that they still display alcohol related problems. [ 8 ] Unfortunately, the mother did not take any steps to receive support regarding her conjugal issues. [ 9 ] At the start of the intervention of Youth Protection, there was no collaboration from the mother. The situation is completely different now. Her collaboration is now excellent; she is always willing to meet with the workers and is polite with them. During the follow-up, the mother expressed that she is scared in the presence of her spouse.

[ 10 ] As mentioned above, X needs special medical attentions. As for Y and Z, they are sociable children. There were issues concerning their behaviour and attendance in school but this situation has been corrected and no major behaviour problem has been reported concerning the children. [ 11 ] Unfortunately, the father offers no collaboration even if the workers go and meet him at his working place. [ 12 ] The mother and the father can be good parents if they are sober. The mother does not like to leave her children alone with the father and would even ask him to live elsewhere.

When in the presence of the father, she accepts that he lives with them. The mother was offered to meet with center A concerning her conjugal situation but she has not followed-up. Her conjugal situation is visibly about the same thought she would desire a different situation for her life and her children’s lives. [ 13 ] The Court considers that the situation of the children is still compromised and that the parents need some support to resolve their issues and family problems.

FOR THE ABOVE REASONS, THE COURT: GRANTS the motions; ENTRUSTS the situation of the three children X, born on […], 2008, Y, born on […], 2002 and Z, born on […], 2000 to the mother for a period of six (6) months; ORDERS that a person working for an institution or body provide aid, counseling and assistance to the children and the children’s family for a period of six (6) months; ORDERS that the parents ensure that X receive health services required by her situation; ORDERS that the parents accept unannounced visits from the social worker from Youth Protection; ORDERS that the parents seek help for their alcohol consumption and related marital issues to a program of their choice; more specifically, that the mother receive support from CLSC or from center A and that the father have a follow-up with A; ORDERS that the parents take an active

part in the application of any measure ordered by the Tribunal; ORDERS that the parents report periodically to the Director of Youth Protection on the measures that they apply in their own regard or in their children’s regard to put an end to the situation; ORDERS that the parents stay sober in the presence of the three children; ENTRUSTS the situation of the three children to the Director of Youth Protection A C.Y.P.C., who shall then see that the measures are carried out; ORDERS the police to collaborate to the execution of the enactment. __________________________________ Marc E. Grimard, J.C.Q.

M e Gabriel Gaudreault Counsel for the applicant M e Myriame Gaudreault Counsel for the children M e Angèle Tommasel Counsel for the mother M e Marie-Claude de Gagné Counsel for the father Date of hearing: July 17, 2013