2017 QCCQ 8506, 2017 QCCQ 8506

Protection de la jeunesse — 173402 2017 QCCQ 8506 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No: 640-41-002025-168 640-41-002026-166 640-41-002027-164 640-41-002028-162 DATE: February 17, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE RENÉE LEMOINE J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2011 Y, born on [...], 2008 Z, born on [...], 2013 A, born on [...], 2015 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A, District A Applicant and B , residing and domiciled in City A, District A Mother and C, residing and domiciled in City A, District A Father of Y, Z and A ______________________________________________________________________ JUDGMENT ( sections 38 and 75 of the Youth Protection Act , CQLR c.

P-34.1) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing 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 (D.Y.P.) submitted to the Court motions for protection under

section 38 of the Youth Protection Act concerning the children X, born on [...], 2011, Y, born on [...], 2008, Z, born on [...], 2013 and A, born on [...], 2015. The D.Y.P. asked to declare the security and development of the children in danger under

section 38( b )(1) iii, (

c) and ( e )

(2) Y.P.A. [ 2 ] The mother and the father of the children were represented by Mtre. Kimon Kling. [ 3 ] The D.Y.P. recommended that the Court entrust the children to their parents until May 31, 2017, and order several assistance measures, including follow-up by social services, until the same date. [ 4 ] On September 25, 2015, the mother had signs of physical abuse, such a black eye and bruises on her face and neck. [ 5 ] The father was very aggressive toward the social worker and asked her to leave. With the assistance of the police, she returned to the house and met the oldest child.

She confirmed conjugal violence between her parents. She went to her grandmother’s house when it happened. She also confirmed being slapped in the face by her father when he was angry.

Later, the child denied those facts and refused to confirm her statement. [ 6 ] The evidence revealed the following facts: [ 7 ] On September 21, 2015, it was reported that the parents were intoxicated in the presence of the children. [ 8 ] On September 28, 2015, the father acknowledged his anger issues and the fact that he could be physically abusive towards the mother. [ 9 ] On December 12, 2015, the police intervened at the family’s residence. They received a call on the emergency line from the mother who was heavily intoxicated. She asked for help regarding the behaviour of the father.

[ 10 ] According to the police occurrence report, when they arrived they could hear the mother yelling upstairs. They went into the bedroom and saw the mother lying down on the bed, highly intoxicated by alcohol and trying to breastfeed her baby. The father had left the house and some witnesses confirmed he had behaved aggressively toward the mother. [ 11 ] On July 11, 2016, the parents were intoxicated and aggressive toward each other. The children were entrusted to their grandmother. [ 12 ] On July 22, 2016, a Court order was requested considering that the parents were not collaborative with the D.Y.P. worker. An order, under

section 76.1 Y.P.A., was granted and the parents agreed to collaborate in the evaluation and give access to the children. [ 13 ] The parents admitted having problems with alcohol and conjugal violence.

Often the children went to the grandmother’s house in the middle of the night when they were frightened by the situation. [ 14 ] According to the social worker, when they are sober the parents show good parenting capacities. [ 15 ] The Court declares that the security and development of the children are in danger considering the risk of neglect related to the lack of supervision of the children when the parents are intoxicated by alcohol. They are not protective or available to meet the children’s needs when they are both under the influence of alcohol (38( b )

(2) Y.P.A.). [ 16 ] The conjugal violence issue had an impact on the children. They were very vulnerable and afraid of the aggressiveness of their parents. The children experienced insecurity and fears that could be considered psychological ill treatment (38(

c) Y.P.A.). [ 17 ] Considering the collaboration of the parents and the fact that they were willing to receive services in order to stay sober and address their conjugal and other personal issues, the recommendation of the applicant was to keep the children with the parents. [ 18 ] The Court considered the improvement in the situation and the collaboration of both parents, who were involved in taking the necessary steps to resolve their issues.

The children were profoundly attached to their parents. [ 19 ] The goal is now for the parents to seek help for their substance abuse and conjugal issues in order to provide the children with a peaceful environment without instability or insecurity. [ 20 ] The children deserve to have parents who care for them at all times and meet all their needs. By the end of execution of the present judgment, the Court expects significant improvement to maintain the children in the care of the parents on a permanent basis.

FOR ALL THESE REASONS, THE COURT: [ 21 ] GRANTS the motions; [ 22 ] DECLARES that the security and development of X, born on [...], 2011, Y, born on [...], 2008, Z, born on [...], 2013 and A, born on [...], 2015, are in danger; [ 23 ] ORDERS that the children remain with the parents; [ 24 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in their children’s regard to put an end to the situation in which the security or development of the children is in danger; [ 25 ] ORDERS that the father collaborate to attend appointments on a regular basis (twice a month) with the Director of Youth Protection; [ 26 ] RECOMMENDS that the parents seek help through social services concerning their alcohol consumption, conjugal issues and personal issues; [ 27 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and the children’s family; [ 28 ] ENTRUSTS the situation of the children to the Director of Youth Protection A for the purpose of executing the order; [ 29 ] THE WHOLE , until May 31, 2017. __________________________________ RENÉE LEMOINE J.C.Q.

Mtre. Marianne Léonard Attorney for the children Mtre. Aubree Coutanson Attorney for the applicant Mtre. Kimon Kling Attorney for the mother and the father of Y, Z and A

Date of hearing: November 28, 2016