2019 QCCQ 17813, 2019 QCCQ 17813

Protection de la jeunesse — 196184 2019 QCCQ 17813 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 614-41-000424-194 614-41-000425-191 DATE: May 22, 2019 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A Applicant X, born on […], 2007 Y, born on […], 2008 Children and A, residing and domiciled at […] Mother and B, residing and domiciled in […] Father ______________________________________________________________________ JUDGMENT (sections 38 and 91 of the Youth Protection Act ) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for 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 A (the Director) submits to the Court two applications asking to declare the security and development of X, 11 years old and Y, 10 years old, in danger in regards of

section 38 b) 1 o iii, 2 o and

c) of the Youth Protection Act (YPA). [ 2 ] At the hearing, the mother is present assisted by Me Antoine Meunier. The children are represented by Me Marie-Josée Ayoub. The father is absent even if duly served. Me Magdalena Lempicka represents the applicant. [ 3 ] With the admissions done by the mother, the testimonies of the social worker and the mother and the school reports of absence, it is proved that the security and development of those two children are endangered because of a lack of supervision of the mother, the serious risk of neglection and because of the psychological ill-treatment (section 38 b) 1 o iii, 2 o and

c) of the YPA). [ 4 ] Evidence reveals that the father B is not involve in the life of X and Y. He lives in City A. The children live with their mother and her boyfriend, Mr. C. Their marital relationship is unstable and they often have physical altercation. [ 5 ] Last January 2019, while intoxicated, the mother stabbed her boyfriend. He had to be medivaced to City B where he stayed for few days. [ 6 ] The mother reported to the social worker having no recollection of the incident. The police intervened. The children witnessed the altercation.

The boyfriend wanted first to press charges when he was living separated but changed his mind later. [ 7 ] Since the event, the children are entrusted to their maternal aunt and grandmother on provisional measures. [ 8 ] The mother is now living with her boyfriend. They have an history of alcohol abuse and their relationship is volatile. At the end of March 2019, the mother admitted that her boyfriend stole money from her.

During a home visit of two of her five children on April 6 and 7, the mother and her boyfriend went out drinking and requested the foster mother to take care of the children. [ 9 ] They didn’t taking measures to deal with their personal issues and their violent relationship. The collaboration of the mother with the social worker is uneven. She stated she would be attending [Organism A] in June 2019. [ 10 ] Because of the lack of supervision of the mother, the children were often absent or late at school.

Hopefully, they are doing well at school, particularly since they living with relatives. [ 11 ] As applicable measures, the Director recommends that Y be entrusted to his maternal grandmother and X to her maternal aunt

for one year. The mother agree with the recommendations enumerated in the evaluation and orientation report filed. [ 12 ] X agrees to remain at her aunt’s place but requires the intervention of the social worker because of the aggressivity of her cousin. The social worker will intervene in short delay. As X behaves also aggressively at school and is bullied, the social worker recommends that she meet a psychologist.

The violence episodes she witnessed for years color her behaviour. [ 13 ] For Y, he also needs a psychological follow-up to make him feel secure and stable. [ 14 ] Considering the whole evidence; FOR THOSE MOTIVES, THE COURT: [ 15 ] GRANTS the motions; [ 16 ] DECLARES that the security and development of X and Y are in danger; [ 17 ] ORDERS the placement of Y in a foster family for 12 months and RECOMMENDS his placement with his maternal grandmother; [ 18 ] ENTRUSTS X to her maternal aunt, Mrs.

D for 12 months; [ 19 ] ORDERS the Director to provide the children a psychological evaluation and follow-up for the duration required by the professional; [ 20 ] ORDERS the children to attend school regularly after being reintegrated with the help of the social worker; [ 21 ] ORDERS the mother to attend treatment for alcohol abuse and anger management counselling; [ 22 ] ORDERS the Director to provide aid, counsel and assistance to the children and the mother for 12 months; [ 23 ] ORDERS the Director to supervise the visits of the mother to the children as for frequency, duration, location and presence of a third party; [ 24 ] ORDERS the mother always be sober in presence of the children; [ 25 ] ORDERS the police to collaborate to the execution of the present judgment; [ 26 ] ENTRUSTS the situation of the children to the Director who shall then see that the measures are carried out.

Signed in City C on June 11, 2019 __________________________________ DENYSE LEDUC, J.C.Q. Me Marie-Josée Ayoub Attorney for the children Me Magdalena Lempicka Attorney for the applicant Me Antoine Meunier Attorney for the mother Date of hearing: May 22, 2019