2012 QCCQ 17406, 2012 QCCQ 17406

Protection de la jeunesse — 126773 2012 QCCQ 17406 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: July 17, 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE LISE GAGNON, J.C.Q. ______________________________________________________________________ IN THE MATTER OF THE CHILDREN: X Born on […], 2008 Y Born on […], 2002 Z Born on […], 2000 [SOCIAL WORKER 1], person duly authorized by the Director of Youth Protection of the; A C.Y.P.C., working in Town A(Quebec), district A; Petitioner -and- C , residing and domiciled in Town A(Quebec), district A; Mother -and- D , presently Detention Center A (Quebec), district B, Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director of Youth Protection (DYP) submits to the Court a motion for protection in the situation of Y, X and Z, for the reasons described in paragraph 4 of the DYP's petition: “4.1 The Youth Protection is involved with the family since February 2011; 4.2 The parents display conjugal violence and alcohol related problems; 4.3 The child Y is not attending school on a regular basis; 4.4 The child X displays a fragile health condition that requires specific cares and a close attention for his medical problems; 4.5 On December 18, 2011, the parents sign voluntary measures regarding the children as it appears from a copy of the Voluntary Measures, filed as Exhibit D-2 ; 4.6 In January 2012, the father came back to the community from detention; 4.7 Since March 23, 2012, the father is detained Hull following an event of conjugal violence;

4.8 On April 6, 2012, the mother missed the medical appointment of the child X; 4.9 The collaboration of the mother with the Youth Protection is regular; 4.10 The father is not collaborating anymore with the Youth Protection. ” [ 2 ] To address the children’s needs, the DYP recommends to the Court that the children be entrusted to their parents for a period of 12 months with a social follow-up. [ 3 ] At the hearing, the Court strongly suggested that the children be entrusted to their mother exclusively, because of the father’s negative impact on the family. [ 4 ] The mother agrees that the children be entrusted exclusively to her care.

She wants to ensure her children's well-being. [ 5 ] The father is detained and absent, but represented by attorney. The father was agreeing with the recommendations before the Court’s suggestion. The father's attorney says she leaves it up to the Court to decide what is best for the children. She also informs the Court that the father will be released in 12 days and that he is not informed that the mother does not want him back into the house. The attorney says she will inform her client of the mother's position. [ 6 ] Two of the children, Z and Y, are present.

Both deny being victims themselves of their parents' conjugal violence. However, both say they feel more relax when the father is not at home. They are happy with their mother. They also appreciate that their mother is ready to work at solving the problems, says their attorney. Reasons for DYP's intervention [ 7 ] The mother presently lives alone with her children while the father is detained. [ 8 ] The children have several siblings. Some of them (A 18 years old, and B 16 years old) are still living at home.

E is also living with them when she is not away working. [ 9 ] X(3 years old) is very attached to her adoptive mother. X has repetitive pneumonia due to a malformation of the lungs but also due to parental neglect. The mother misses medical appointments and does not get antibiotics when prescribed, though reminded to do so by the social worker on different occasions. [ 10 ] Because of X's lung condition, clapping is now needed on a regular basis.

On June 8, 2012, the mother met with a physiotherapist to better understand how to answer her daughter's specific needs. [ 11 ] X does not go to daycare on a regular basis though she is registered for a full time place. [ 12 ] As for Y(10 years old), she is often late in school. Y also has learning difficulties. This year, Y started stealing things at school. After being caught, Y did not go back to school. When she is not in school, Y hangs out with older friends in the community.

When the mother was finally told that her daughter was not attending school, she made sure Y was back in class. [ 13 ] Z (almost 12 years old) is an articulated boy. He does his best in class but for a while, he was not attending class on a regular basis. Thankfully, since the DYP’s intervention, his attendance has improved. [ 14 ] As for the parents, they still struggle with conjugal violence problems. [ 15 ] In December 2011, at a revision meeting with the mother, the social worker asked the mother if she was still afraid of her husband.

The mother answered: “I guess”. [ 16 ] A few days after, when the father was released from jail, the parents did not report any incidents of conjugal violence for a while. [ 17 ] In January 2012, the parents informed the social worker that they were still drinking at times, but less than before. [ 18 ] Though conscious of its previous problems, the father did not see any need to get help for anger management or for his drinking problem. [ 19 ] On March 23, 2012, the social worker learned from F, that the father had hit the mother on the mouth and that he was back in detention.

The social worker was also informed that a few weeks before, the father had hit the mother on the eye. [ 20 ] The father is always intoxicated when he is violent with the mother. [ 21 ] After these events, the father was detained for a period of six months. Since he is detained, he does not collaborate with the social worker. But the mother's collaboration with the DYP increased since then. [ 22 ] The mother recognizes that conjugal violence has an impact on her children. Though determined not to go back with the father, the mother knows that she will need to be supported when the father will be released.

She is ready to participate in a program on conjugal violence. [ 23 ] E is an important support to the mother. E works at mines A and she is unfortunately out of town most of the time. When she is there, she helps her mother at attending the family's needs. [ 24 ] E collaborates very well with the DYP and she is a good security net for the children.

Analysis and applicable measures [ 25 ] The mother made the right choice by prioritizing her children . [ 26 ] She now recognises that conjugal violence jeopardizes her children's security and she is ready to get help. [ 27 ] When the father will be out of jail, the mother will need to be supported to ensure she does not go back to the cycle of conjugal violence in which she has been trapped for a few years already. The mother has a tendency to believe that the father has changed when things are going smoothly with him. Unfortunately, these good moments never last long.

The mother has to remember that. [ 28 ] As for the children, since the DYP is involved in their lives, the situation has improved. There is still some work to do but in general, things are going in the right direction. [ 29 ] The Court finds comfort in the fact that the mother collaborates well with the DYP now. This will be very helpful for her to get her problems behind on a permanent basis.

FOR THESE REASONS, THE COURT: GRANTS the petition; DECLARES that the security and the development of the children are in danger; ENTRUSTS X, Y and Z to their mother for a period of one (1) year ; ORDERS that the mother report periodically to the Director of Youth Protection on the measures to put an end to the situation; ORDERS that the father report periodically to the Director of Youth Protection on the measures that he applies to put an end to the situation; ORDERS that a person working for an institution or body provides aid, counsel and assistance to the children and their family for a period of one (1) year; ORDERS that the mother ensure that X receives health services required by her situation; ORDERS unannounced visits at the mother's home from the social worker; ORDERS that the parents seek help for their drinking problem and related marital issues in a program of their choice; more specifically that the mother receives support from the CLSC or from CAVAC and the father follows a treatment in detention or with Makivik for his anger management; ENTRUSTS the situation of X , Y and Z to the Director of Youth Protection of the A C.Y.P.C., who shall see that the measures be carried out; ORDERS the police to collaborate in the execution of this order. __________________________________ Lise Gagnon, J.C.Q.

M e Gabriel Gaudreault Attorney for the DYP M e Myriame Gaudreault Attorney for the children M e Angèle Tommasel Attorney for the mother M e Marie-Claude De Gagné Attorney for the father Date of hearing: July 17, 2012