2016 QCCQ 16905, 2016 QCCQ 16905

Protection de la jeunesse — 167828 2016 QCCQ 16905 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT [...] TOWN [...] Youth Division Nos.: 640-41-001995-163, 640-41-001996-161, 640-41-001997-169 and 640-41-001998-167 DATE: December 1, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 1999 Y, born on […], 2000 Z, born on […], 2005 A, born on […], 2009 MRS [SOCIAL WORKER 1] AND [SOCIAL WORKER 2, youth protection workers, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A, Quebec, District A Applicants and MRS B, residing and domiciled in Town A, Quebec, District A Mother and MR C, residing and domiciled in Town A, Quebec, District A Father ______________________________________________________________________ JUDGMENT (Sections 38, 75 and 91 Y.P.A., R.S.Q. c.

P-34.1 ) ______________________________________________________________________ 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 of the A C.Y.P.C. asks the Court to declare the security and development of X, 17 years old, Y, 16 years old, Z, 11 years old, and A, 6 years old, with regard to

section 38 (b) (1) iii., (b) (2) and (e) (1) of the Youth Protection Act. [ 2 ] At the hearing, only the father is present, assisted by Me Marie-Claude De Gagné. The mother is absent, but represented by Me Angèle Tommasel. The children are represented by Me Cassandra Neptune. Me Aubrée Coutanson assists the applicants.

The mother was supposed to attend Court, but as she was aggressive at the airport before the scheduled flight, they refused her to take place in the plane. [ 3 ] The evidence of the negligence and physical abuse of the parents on the children is made with some admissions by the parents, the testimonies of the father and the social worker, the deposit of the provisional agreement measures signed by the parents and the criminal record of the father. [ 4 ] It is proved that the mother displays alcohol problems. On March 8, 2016, the father assaulted the child X and the mother. Police had to intervene.

He was arrested and is still detained for assault with a weapon causing bodily harm. [ 5 ] On April 5, 2016, the police had to intervene again because the mother was highly intoxicated and displayed aggressive behaviour towards Y and X. The mother was arrested and was detained.

While arrested and escorted out of the house by the police, the mother kicked the youth protection worker in the stomach. [ 6 ] Met later at the detention, the mother admitted to the youth protection worker that she has alcohol and violence problems, but refused to seek help. [ 7 ] When she met the children, they disclosed to the youth protection worker that the mother was physically violent towards them. They were regularly victim of physical abuse and the mother would sometimes slap them or pull their hair. [ 8 ] On May 2016, the children were provisionally entrusted to foster families until June 17, 2016.

As the father has displayed good behaviour, has remained sober for several months, was working and attending the AA meetings regularly, the children returned with him until next Court hearing in October 2016 as ordered by Honourable Judge Lucille Beauchemin on September, 16, 2016. [ 9 ] Few days after, on September 21, the mother called the youth protection worker, while being drunk. The youth protection

worker went at her house, she was not there. X was taking care of the siblings. She said that the mother drank the previous night, left the children alone and X was scared of her mother’s action when she is drunk. [ 10 ] The mother admitted the facts when she was met on September 22, 2016 and added that she did not have enough money to buy alcohol nor groceries. She was waiting for Y’s paycheck to buy groceries. [ 11 ] Later that day, the youth protection worker came back to the house and saw Y and the mother passed out.

There was a knife on top of the oven and there was a strong odor of marijuana in the room. [ 12 ] The parents do not provide the cares to the children and are unable to insure their security. They do not take the necessary steps to insure their school attendance. They do not have sufficient maturity to assume the children. They do not have sufficient parental capacities to provide them a safe, secure and caring environment and to insure their education. [ 13 ] When placed in foster families, the children often go at their parents’ home without authorisation. The mother often, threatened the foster parents.

The parents are very reluctant towards the youth protection worker. If they do not change their attitude, the Director of Youth Protection might have to place the children in other communities. [ 14 ] For the applicable measures, the youth protection worker recommends different duration of placements in foster families. X should be placed until her majority on […], 2017, Y and A until September 16, 2017 and Z until June 24, 2017. [ 15 ] Even if the parents do not agree with such duration, the children’s best interest justify such duration.

FOR THESE MOTIVES, THE COURT: [ 16 ] DECLARES the security and development of X, Y, Z and A in danger; [ 17 ] ORDERS the placement of the children in foster families : Y and A until September 16, 2017, Z until June 24, 2017 and X until […], 2017 with reintegration of the three youngest children with the father; [ 18 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the parents until September 16, 2017; [ 19 ] RECOMMANDS that the parents seek for social services at the CLSC for their alcohol and personal issues; [ 20 ] ORDERS the parents to report in person at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 21 ] ORDERS the Direction of Youth Protection to supervise all the visits and access of the children with the parents (place, duration, presence of a third party); [ 22 ] ORDERS the parents to remain sober in presence of the children; [ 23 ] ORDERS the police officer to collaborate to the execution of this enactment; [ 24 ] ENTRUSTS the children's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Aubrée Coutanson Attorney for the applicants Me Angèle Tommasel Attorney for the mother Me Marie-Claude De Gagné Attorney for the father Me Cassandra Neptune Attorney for the children Date of hearing: October 12, 2016