2012 QCCQ 15607, 2012 QCCQ 15607

Protection de la jeunesse — 123282 2012 QCCQ 15607 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division N os : 640-41-001450-128, 640-41-001451-126, 640-41-001452-124 DATE: May 7, 2012 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on […], 2010 Y, born on […], 2002 Z, born on […], 2001 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, Quebec, district A Petitioner and MRS A, residing and domiciled in Town A, Quebec, district A Mother and MR B, residing and domiciled in Town A, Quebec, district A Father ______________________________________________________________________ JUDGMENT (Sections 38 and 91 Y.P.A. , chap.

P-34.1 R.S.Q. ) ______________________________________________________________________ [ 1 ] Mrs [Social Worker 1], authorized member of the Director of Youth Protection A, asks the Court to declare the security and development of X, 2 years old, Y, 9 years old, and Z, 10 years old, endangered with regard to

section 38 (

b) and (

c) of the Youth Protection Act . [ 2 ] At the hearing, the mother and the oldest children are present, represented by Me Angela Tommasel and Me Yan Massé. Me Robert-André Adam represents the petitioner. The father is absent. [ 3 ] The mother admits many allegations and acknowledges that the security and development of her children are in danger. She disagrees with the recommendations.

She wants her children back with her, even if she lives at her aunt's place since February 28, 2012 and is pregnant of five months. [ 4 ] In the present situation, the evidence reveals that the father's involvement with his children is minimal. [ 5 ] The parents are separated since October 2011, and on November 22, 2011, the child X witnessed an event of conjugal violence between the parents. Many similar events occurred before and a medical report from [Hospital A] filed under

section 294.1 and the statement made by the mother to the police confirmed those problems. On December 6, 2011, voluntary measures were signed and the youngest child X was entrusted to the father and the two other children were entrusted to their grandmother. A few weeks after, on December 22, 2011, the father called the Social Worker and informed her that he did not want to take care of his daughter anymore.

The mother then took back the baby, but soon after, she abandoned her two consecutive days. [ 6 ] The youngest child X requires medical attentions and the parents neglect those. [ 7 ] Since February 2012, the boys are entrusted provisionally to their paternal grandmother and X is in a foster family. The father refused to assume his children. [ 8 ] The mother has some parental capacities, but is easily overwhelmed by the children.

She has personal emotional and financial difficulties, and consequently, she is unable to provide the basic needs of her children and she develops rejection feelings towards X because of all the medication attentions she requires. [ 9 ] Those parents are unstable and show lack of maturity. Both of them have personal issues and their relationship has a history of physical and verbal abuse.

[ 10 ] Considering all those facts, the Court declares the security and development of X, Y and Z in danger according to

section 38 (

b) and (

c) of the Youth Protection Act . [ 11 ] On the applicable measures inquiry, the Court acknowledges a social report. [ 12 ] The mother does not have her own place to live, does not follow the psychiatrist's advice to take regular medication and behaves sometimes explosively. She lives at her aunt's place since February and she believes that her aunt might be acknowledged as foster family. [ 13 ] The father does not collaborate with the Director of Youth Protection and is not really involved with the children. [ 14 ] The mother loves and cares for her children, particularly the two oldest.

She wants to collaborate and to beneficiate of all the appropriate services available.

Depending of her honesty, her motivation, her collaboration and the evolution of her situation, she might be in a position to assume the children after a short period of services. [ 15 ] Considering the parents' position and the evidence, [ 16 ] FOR THESE MOTIVES, THE COURT : [ 17 ] DECLARES that the security and development of X, Y and Z are endangered; [ 18 ] ORDERS the placement of X, Y and Z in a foster family for a period of twelve months with possible reinsertion with their mother after four months if the evolution of the mother's situation allows it; [ 19 ] RECOMMENDS to the Director of Youth Protection to evaluate the aunt, Mrs C, as a foster family; [ 20 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the children and the parents for a period of one year; [ 21 ] ORDERS Mrs A and Mr B to meet the Social Worker regularly and to collaborate actively in the social follow-up; [ 22 ] ORDERS the Director of Youth Protection to supervise the visit rights and access of the parents to the children; [ 23 ] ORDERS the parents to attend therapy regarding their personal issues; [ 24 ] ORDERS any police officer to collaborate in the execution of the present Court order; [ 25 ] ENTRUSTS the children's situation to the Director of Youth Protection for the purpose of executing this enactment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Robert-André Adam, attorney for the petitioner Me Angela Tommasel, attorney for the mother Me Yan Massé, attorney for the children Date of hearing: April 5, 2012