2012 QCCQ 10440, 2012 QCCQ 10440

Protection de la jeunesse — 122095 2012 QCCQ 10440 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Chamber » N° : 610-41-000559-120 610-41-000560-128 DATE : July 20, 2012 ______________________________________________________________________ PRESIDING BY THE HONORABLE MARC E.

GRIMARD, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] and [SOCIAL WORKER 2], a.r.h., exercising their profession at the Centre jeunesse A, having a place of business at [...] at city A, district A, [...] Applicants -and- X and Y, domiciled and residing at [...]t at city B, district A, [...] Children -and- A, domiciled and residing at [...]t at city B, district A, [...] Mother -and- B, residing at the Detention Center at city C Father ______________________________________________________________________ JUDGMENT (Sections 38 and 75 Y.P.A., R.S.Q. chap.

P-34.1 ) ______________________________________________________________________ [ 1 ] The Court is seized of two petitions aiming to declare the security and the development of Y and X, born respectively on [...], 2009 and [...], 2011, as being compromised accordingly to

Section 38 b) 1 o iii, b) 2 o and

c) of the Youth Protection Act (failing to provide the children with the appropriate supervision or support and psychological ill-treatment). The applicants recommend that the children remain with their family with many measures to ensure their security and to help the parents to put an end to their drug and alcohol consumption. [ 2 ] The children are not present at the audience but represented. Their counsel cannot make any admissions because of their young age.

However, she does not contest the fact that the children’s situation is compromised and neither she contests the measures recommended. [ 3 ] The parents are represented, but only the mother is present. They admit most of the allegations, the fact that their children’s situation is compromised and agree partially with the measures recommended. In fact, the mother wishes that the children be entrusted to her sister, Mrs.

C, while she will be in treatment for her drug and alcohol problem. [ 4 ] Parents admit to have an addiction to drug and alcohol and that on several occasions, during the last year, conjugal violence occurred between them. For those reasons, the children were the objects of agreements on voluntary measures signed on March 6, 2012. At the time, the parents acknowledged having drug, alcohol and conjugal problems. Since then, the situation has not improved; it has even deteriorated [ 5 ] On May 20, 2012, the father consumed some alcohol and speed.

The same day, the mother decided to leave him and brought the children with her. Later the same day, she decided to return to the family residence with Y and violent events occurred between the parents. The mother accused the father to have thrown the child on the sofa. She made a statement to the police concerning this assault and the father was arrested the same night and put in detention. [ 6 ] Later on, the mother admitted that she made a false statement to the police concerning the assault on the child, because she was mad after the father.

As he was under a conditional sentence and broke one of his conditions, which was not to consume any alcohol, his conditional sentence was terminated and he will be staying detained until the expiration of his sentence in September 2012. [ 7 ] The mother has decided to leave her community for a drug an alcohol treatment in Sudbury in a few weeks. The parents know that their drugs and alcohol consumption and their relationship problems have a serious impact on the children and that they can put their children’s situation in danger.

When sober, they have the capacities to take care of their children, but with help. [ 8 ] The mother suggests that her sister, C, who lives with her since a week, could take care of the children while she is in therapy.

Mrs. A has her own children that she has to take care of. She is well known by Youth Protection. Her present boyfriend also has a criminal record. The applicants affirm that Mrs. A cannot be considered as someone to whom the children can be entrusted. [ 9 ] Considering the admissions, the testimonies and the reports filed, the Court considers that the measures recommended are the best to put and end to the situation in which the security and the development of the children are in danger and that they respect their rights.

FOR THESE REASONS, THE COURT: GRANTS the petitions; DECLARES the security and the development of Y, born on [...], 2009, and X, born on and [...], 2011, as being compromised accordingly to

Section 38 of the Youth Protection Act; ORDERS that the children remain with their family and that their parents report periodically to the director on the measures they apply in their own regard or in their children’s regard to put an end to the situation in witch the security or development of the children is in danger; ORDERS that the father inform the director on his whereabouts, particularly when he will be released from the detention center and of any change of address; ORDERS that the parents take an active

part in the application of any of the measures ordered by the tribunal; RECOMMENDS that the mother attend a treatment center and continue counselling for as long as judged necessary by the professionals; ORDERS that the children be entrusted to their maternal grandmother, Mrs. D, while their mother attends the treatment center and that she does not consume any drugs or alcohol during this time; ACKNOWLEDGES that Mrs.

C is offering to help the maternal grandmother with the children; ORDERS that the parents do not consume any drug or alcohol in the presence of their children; ORDERS that the parents ensure that their children are not in the presence of people under the influence of drugs or alcohol; ORDERS that the father participate in counselling concerning his drug and alcohol consumption for as long as judged necessary by the professional, when released from the detention center; ORDERS that the mother continue her medical follow-up for depression for as long as judged necessary by the professional; ORDERS that the mother be evaluated in mental health and that she follow the recommendations and prescriptions judged necessary by the professional, if need be; ORDERS that aid, counselling and assistance be provided to the children, their parents and to the grandmother while the children are entrusted to her; ORDERS that the parents report in person, at regular intervals, to the director to inform him of the current situation; AUTHORIZES the exchange of pertinent information between the professionals involved with this family; FIXES the duration of the measures of help to one year; ENTRUSTS the children’s situation to the director who shall see that the measure is carried out; ORDERS any peace officer to collaborate in the execution of this enactment, if requested to do so. __________________________________ Marc E.

Grimard, J.C.Q. M e Julie Lemire Counsel for the applicants M e Peggy Warolin Counsel for the children M e Sylvie Gourd Counsel for the mother M e Marc Ouimette Counsel for the father Date of hearing: July 6, 2012