2012 QCCQ 8896, 2012 QCCQ 8896

Protection de la jeunesse — 121108 2012 QCCQ 8896 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division Nos: 640-41-001418-117 640-41-001419-115 DATE: February 6, 2012 ______________________________________________________________________ BY THE HONOURABLE JEAN-PIERRE GERVAIS, J.C.Q. ______________________________________________________________________ [INTERVENANT 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A C.Y.P.C., working in Town A Applicant and X, born on […] Y, born on […] Children and A Mother and B Father of X ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The applicant, acting on behalf of the Director of Youth Protection, is asking for the security and development of the children X and Y to be declared endangered. [ 2 ] At the hearing, the children are represented but absent due to their young age. [ 3 ] Their mother is present and represented, and so is X’s father. [ 4 ] Based on the admissions made and the evidence heard, the Court notes the following essential elements. [ 5 ] The children’s mother, who is the main caregiver, is presently going through serious alcohol abuse problems. [ 6 ] Therefore, when she is intoxicated, she behaves inadequately with the children.

She is then clearly not in a state to provide them with proper care. [ 7 ] Furthermore, it happens regularly that she drinks heavily with some other people while the children are present. [ 8 ] It follows that Mrs.

A has adopted an unstable way of life where she regularly leaves the children with other people who are either not in a position to take care of them or who do not wish to do so. [ 9 ] In the circumstances, there is no doubt that both the security and the development of the two children are in danger in such a way that it is justified to call upon the Court. [ 10 ] FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the motion; [ 12 ] ORDERS the foster care of X for a period of six months with gradual reintegration with one of her parents if the situation allows; [ 13 ] ORDERS the foster care of Y for a period of six months with gradual reintegration with his mother if the situation allows; [ 14 ] ORDERS the mother to seek help for personal issues and substance addiction;

[ 15 ] ORDERS the father of X, Mr.

B, to seek help for anger management, alcohol addiction and personal issues; [ 16 ] ORDERS that contacts between the children and their parents be maintained, but supervised by the Director of Youth Protection as to the terms and conditions; [ 17 ] ORDERS the parents to collaborate actively with Youth Protection; [ 18 ] ORDERS that aid, assistance and counselling be provided to the children and their family for a period of six months; [ 19 ] ORDERS the police to collaborate in the execution of this judgment; [ 20 ] ENTRUSTS the situation of the children to the Director of Youth Protection for the execution of the enactment. __________________________________ JEAN-PIERRE GERVAIS, J.C.Q.

Me Robert-André Adam Cain Lamarre Casgrain Wells Lawyers for the applicant Me Cassandra Neptune Centre communautaire juridique A. Lawyers for the children Me Sarah Plamondon Lawyer for the mother Me Angèle Tommasel Lawyer for the father of X Date of hearing: January 17, 2012