2011 QCCQ 6521, 2011 QCCQ 6521

Protection de la jeunesse — 111520 2011 QCCQ 6521 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001354-114 640-41-001355-111 DATE: April 8, 2011 ______________________________________________________________________ BY THE HONOURABLE JEAN-PIERRE GERVAIS, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection of the centre C.Y.P.C.

A, working in town A APPLICANT AND X, born on […], 2007 Y, born on […], 2007 CHILDREN AND A MOTHER AND B FATHER ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The applicant in this case is asking the Court to declare endangered the security and development of the children X and Y, respectively born on […] and […], 2007. [ 2 ] Essentially, the reason supporting the motion is that the children’s living environment is negatively impacted by domestic violence and alcohol abuse problems. [ 3 ] At the hearing held in town A, the mother is present but detained for a breach of conditions and the father is absent. [ 4 ] However, all the parties to the case are duly represented by lawyers. [ 5 ] From the evidence and the admissions made, the Court notes the following. [ 6 ] X and Y are two young children, respectively three and four years of age, living in the community A. [ 7 ] The family environment is quite difficult for the children as their parents have been going through serious relationship problems for several months. [ 8 ] There were various violence episodes between the couple, but in July 2010, X was involved in one of them. [ 9 ] As a matter of fact, during a quarrel resulting from an argument between the parents, the father, who had just been violent with his spouse, hit X. [ 10 ] The reason behind his gesture is still difficult to identify today. [ 11 ] Criminal charges were laid against him and he was released under conditions. [ 12 ] As the situation between them kept degenerating, the couple would have split last December. [ 13 ] As to the mother, she also has gotten regularly into trouble with the law, namely for violent behaviour.

This has resulted in her being in and out of prison since 2005. [ 14 ] Incidentally, at the time of the hearing of the instant application, she was detained until the end of March. [ 15 ] In the meantime, the children have been entrusted to the maternal grand-mother and the applicant is requesting that it remains so until the situation is stabilized.

[ 16 ] At present, it appears to the Court that the children’s situation requires intervention and that the proposed measure is adequate. [ 17 ] FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the motion; [ 19 ] DECLARES that the security and development of X and Y are compromised; [ 20 ] ORDERS that X and Y be entrusted to their maternal grand-mother for a period of six months starting on February 8, 2011 with possible reintegration after four months, if the situation allows; [ 21 ] ORDERS both parents to seek help through the Social Services concerning alcohol abuse and anger management problems; [ 22 ] ORDERS both parents to inform periodically the Director of Youth Protection of the measures they are taking to correct the situation; [ 23 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the children and the parents; [ 24 ] ORDERS that any contacts between the children and the parents be supervised by the Director of Youth Protection in term of modalities frequency and degree of supervision; [ 25 ] ORDERS any police force to collaborate in the execution of the Court orders, if requested to do so by the Director of Youth Protection; [ 26 ] ENTRUSTS the situation of the children to the Director of Youth Protection for the purpose of executing the measures ordered by the Court. __________________________________ JEAN-PIERRE GERVAIS, J.C.Q.

Me Robert-André Adam Cain Lamarre Casgrain Wells Lawyers for the applicant Me Jean-Claude Latraverse Centre communautaire jur. A Lawyers for the children Me Sarah Plamondon Lawyer for the mother Me Michel Solomon Lawyer for the father Date of hearing: February 8, 2011