2012 QCCQ 18368, 2012 QCCQ 18368

Protection de la jeunesse — 127667 2012 QCCQ 18368 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division Nos.: 640-41-001511-127 640-41-001512-125 640-41-001513-123 DATE: December 14, 2012 ______________________________________________________________________ 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 A C.Y.P.C., working in Town A Applicant and X, born on […], 1995 Y, born on […], 1996 Z, born on […], 1999 Children and A Mother and B Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The applicant, acting on behalf of the Director of Youth Protection, is asking the Court to declare endangered the security and development of the three children born of the union of Mrs.

A and Mr. B.

The children are X, Y and Z, aged 17, 16 and 13 respectively. [ 2 ] At the hearing, the mother and the three children are present and represented by counsel, while the father, with no known address, did not answer the notice served by way of the newspapers. [ 3 ] Therefore, the Court authorizes the proceedings although he is absent, considering in particular that he has not been present in the children’s life for many years. [ 4 ] Based on the admissions made at the hearing and the report prepared by the workers, [social worker 2] and [social worker 1], the Court notes the following essential elements. [ 5 ] Then, the mother is on her own to raise the three teenagers subject to the current proceedings, since the father has been absent for a long time, as mentioned above. [ 6 ] At times, the mother finds the situation very difficult to deal with and then it happens that she behaves in ways that can place the youths at risk. [ 7 ] Indeed, on some occasions when she is drinking, she becomes aggressive and loses control. [ 8 ] As a result, she physically abused her two daughters on September 30.

Then, all three children were entrusted to a foster family. [ 9 ] In the following days, the mother remained angry and refused to cooperate with the Director of Youth Protection, from which ensued the present application. [ 10 ] Fortunately, things have cooled down since, and it now seems possible for X, Y and Z to go back home with minimum support from the Director of Youth Protection. [ 11 ] As noted at the hearing, it is not an easy task for a single parent to raise three teenagers. Then one must not hesitate to ask for help whenever needed.

[ 12 ] In the current state of things, Mrs.

A can only benefit from the offer made by the Director of Youth Protection in this regard. [ 13 ] Consequently, the children will return to their mother’s house, but it must be understood that the family must continue to collaborate with the Director of Youth Protection to ensure that the situation gets back to normal as soon as possible. [ 14 ] FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the motion; [ 16 ] DECLARES that the security and development of the children are in danger; [ 17 ] ENTRUSTS X, Y and Z to their mother; [ 18 ] ORDERS the mother to report periodically to the Director on the measures she applies in her own regard or in her children’s regard to put an end to the situation in which the security or development of the children is in danger; [ 19 ] ORDERS the mother and the children to take an active

part in the application of all the measures ordered by the Tribunal; [ 20 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and the children’s family for a period of six months; [ 21 ] ORDERS that the children report in person, at regular intervals, to the Director to inform him on the current situation; [ 22 ] ORDERS that the mother report in person, at regular intervals, to the Director to inform him on the current situation; [ 23 ] ORDERS that the children’s mother arrange for alternate care for the children if she plans to drink alone or with friends; [ 24 ] ORDERS that the children’s mother participate in anger management sessions when they become available in the community; [ 25 ] ORDERS that the police collaborate in the execution of this order; [ 26 ] ENTRUSTS the situation of the children to the Director of Youth Protection, A Health Centre, for the execution of the enactment. __________________________________ JEAN-PIERRE GERVAIS, J.C.Q.

Me Gabriel Gaudreault 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 Date of hearing: November 27, 2012