2014 QCCQ 14783, 2014 QCCQ 14783

Protection de la jeunesse — 142941 2014 QCCQ 14783 COURT OF QUEBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001726-147 640-41-001727-145 640-41-001728-143 640-41-001729-141 DATE: July 14, 2014 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X , born[…], 1998 Y , born[…], 1999 Z , born[…], 2001 A , born[…], 2012 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of youth protection A, Quebec, District A Applicant and B, residing and domiciled in Town A, Quebec, District A Mother and C, residing and domiciled in Town A, Quebec, District A Father ______________________________________________________________________ JUDGMENT (

section 38 of the Youth Protection Act , 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 of the Cree Board of Health and Social Services of A asked that the security and development of X, Y, Z and A, children of Mrs B and Mr C, be declared in danger. [ 2 ] The alleged reasons were because of neglect (38b i and iii), psychological ill treatment (38c) and unreasonable methods of upbringing (38 e 1). [ 3 ] The mother is present at the hearing, assisted by Me Ratha Heang.

Me Michel Grenier represents the children and Me Gabriel Gaudreault for the applicant. The father, Mr C, is present not represented. [ 4 ] All the allegations compromising the security and development of the children are admitted. The parents also agreed with the measures recommended by the social worker, Mrs [Social Worker 1], in her social study. The evidence showed the following facts : [ 5 ] The mother and her boyfriend display alcohol and drug problems. The mother is verbally and physically abusive towards the children.

The relationship between the mother and her boyfriend is unstable, characterised by conjugal violence from both parties. [ 6 ] Last February 9, 2014, all the children had to be placed under immediate protective measures. The child X had been left alone to take care of her four siblings while the mother was out drinking. [ 7 ] On February 26, 2014, an incident of violence occurred between the mother and her boyfriend in presence of the children. Later that day, because the mother had locked herself in the familial residence with X and Y, the social worker and the police had to intervene.

The children were again placed under immediate protective measures while the mother was detained for a few hours and charged for assault.

[ 8 ] On February 28, 2014, a provisional agreement was signed and the children were placed. Following the placement, between February and March, the police had to intervene many times because the child Y had run away. [ 9 ] The father of the children's is not involved in their life. [ 10 ] The mother, acknowledging that the security and development of her children is in danger, made all the necessary steps to attend treatment center. [ 11 ] Since 2004, Youth Protection is involved in the family. Repeatedly, the children were neglected and victims of the parent's problems.

The oldest children developed behaviour problems and X has medical problem. During the child's hospitalisation in Town A last May 2014, father and mother had also arguments concerning the consumption of alcohol. [ 12 ] The father does not acknowledge any addiction issues, even if the mother declares that he is an alcohol and drugs addict. [ 13 ] Considering the mother's motivation to attend all therapies and treatment required for the benefit of her children and her own. [ 14 ] Considering the parent's agreement with the measures.

FOR THOSE MOTIVES, THE COURT : [ 15 ] DECLARES the security and development of the children X, born on […], 1998, Y, born on […], 1999, Z, born on […], 2001 and A, born on […], 2012 in danger; [ 16 ] ENTRUSTS X, Y and Z to the mother; [ 17 ] ENTRUSTS A to a foster home for a duration of three months with progressive reintegration with his mother; [ 18 ] ORDERS the Director of Youth Protection to provide aid, council and assistance to the children and the parents for one year; [ 19 ] ORDERS the parents to attend therapy and post therapeutic follow-up for the duration deemed necessary by the professional; [ 20 ] ORDERS the parents not to consume any alcohol or drugs or let any adult to do so in the children's presence; [ 21 ] ENTRUST the situation of the children to the Director of Youth Protection for the purpose of the execution of the Court order. __________________________________ Denyse Leduc, J.C.Q.

Me Michel Grenier Attorney for the children Me Gabriel Gaudreault For the applicant Me Ratha Heang For the mother Date of hearing: May 27, 2014