2017 QCCQ 11827, 2017 QCCQ 11827

Protection de la jeunesse — 175122 2017 QCCQ 11827 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division Nos.: 614-41-000222-176, 614-41-000223-174, 614-41-000224-172 and 614-41-000225-179 DATE: August 23, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2004 Y, born on [...], 2005 Z, born on [...], 2009 A, born on [...], 2014 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A, Quebec, District A Applicant and MRS B, residing and domiciled in City A, Quebec, District A Mother and MR C, residing and domiciled in City A, Quebec, District A Father ______________________________________________________________________ JUDGMENT (Sections 38 and 91 Y.P.A., R.S.Q. c.

P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified. Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection A submits to the Court four motions asking that the security and development of X (12 years old), Y (11 years old), Z (8 years old) and A (3 years old) be declared in danger with regard to

section 38 (

c) of the Youth Protection Act. [ 2 ] At the hearing, the parents are present, assisted by Marie-Josée Ayoub and Me Michel Grenier. Me Yan Massé represents the children and Me Camille Champeval, the applicant. [ 3 ] The parties admit some allegations and agree with the measures. Evidence is completed with the social worker’s testimony and her social study. [ 4 ] Preponderant evidence that the security and development of those four children are in danger is meet. [ 5 ] The parents have drinking and violence problems.

Last May 7, police had to intervene because while they were intoxicated, the father assaulted the mother. They brought her to the clinic. She had bruises and a cut on her lip. The children witnessed the fight between their parents. The youngest child woke up during the fight and it stopped the father. [ 6 ] The Youth Protection worker picked up the children after the police intervention. When met by the youth protection worker, the father admitted assaulting the mother, but stated it was the first time. The mother does not want to press charges against the father.

The father said that he had spoken with the mother and the situation is resolved. [ 7 ] Both parents minimize the situation and the impact on the children. [ 8 ] Y is worried about her mom’s well-being. The night of the incident, she accompanied the mother to the clinic and later at the house of a relative. [ 9 ] After the declaration that the situation of the children is compromised with regard to

section 38 (

c) of the Youth Protection Act, the Court proceeds to the applicable measures inquiry.

[ 10 ] The social worker acknowledges that the mother does not have an important alcohol issue. The father has one, but it is less important since he attended a treatment for alcohol in 2016. He would now need specific help for his violent temper. [ 11 ] He was told before to attend an anger management therapy, but he did not attend such treatment yet. [ 12 ] The father works regularly at the [Mine A] on a

schedule 14 days on and 14 days off. He is the sole provider for the family. [ 13 ] The violence is recurrent between the parents.

The mother has taken active steps to address her personal issues, by going through a screening for substance use and now requesting support services for her relationship. [ 14 ] Mr C has not taken any steps up to now. [ 15 ] After the analysis of the situation, the social worker recommends that the children be entrusted to the mother until Mr C demonstrates his ability to remain substance and alcohol free for three months and engage himself in an anger management therapy. [ 16 ] The parents and children agree with the measures. [ 17 ] Considering the motivation and acknowledgement of the parents; THE COURT: [ 18 ] DECLARES that the security and development of X, Y, Z and A are in danger; [ 19 ] ENTRUSTS the children to the mother with the exclusion of the father for three months or less if the father complete the anger management therapy and the substance abuse treatment or follow-up; [ 20 ] ORDERS the Director of Youth Protection to supervise the contacts between the children and the father for the first three months; [ 21 ] ORDERS the father to engage in treatment and counselling to address personal issues (alcohol and anger management); [ 22 ] ORDERS the mother to attend personal counselling; [ 23 ] ORDERS the parents to always be sober in presence of the children; [ 24 ] ORDERS the parents to authorize the Director of Youth Protection to obtain and share information with all service providers working with the family; [ 25 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the parents and the children for one year; [ 26 ] ORDERS the father to collaborate actively and to meet the social worker regularly, as requested; [ 27 ] ENTRUSTS the children's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Camille Champeval Attorney for the applicant Me Marie-Josée Ayoub Attorney for the mother Me Michel Grenier Attorney for the father Me Yan Massé Attorney for the children Date of hearing: July 5, 2017