2011 QCCQ 6964, 2011 QCCQ 6964

Protection de la jeunesse — 111631 2011 QCCQ 6964 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000400-116, 635-41-000401-114, 635-41-000402-112, 635-41-000403-110 & 635-41-000404-118 DATE: March 15, 2011 ______________________________________________________________________ BY THE HONOURABLE NANCY McKENNA, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection worker duly authorized by the Director of Youth Protection of the Center A. working in Town A Applicant -and- X, Y, Z, A & B, residing and domiciled in Town B, Quebec, district of District A Children -and- C, residing and domiciled in Town B, Quebec, district of District A Mother -and- D, residing and domiciled in Town B, Quebec, district of District A Father ______________________________________________________________________ JUDGMENT (Sections 38 & 75 of the Youth Protection Act) ______________________________________________________________________ [ 1 ] The Director of Youth protection presents a motion under

section 38 of the Youth Protection Act concerning the following children: X ([…], 2003), Y ([…], 2007), Z ([…], 2001), A ([…], 1996) and B ([…] 9, 1997). [ 2 ] It is alleged that the security and development of all children are endangered due to neglect (38(1)(

b) Y.P.A.) and psychological ill-treatment (38(

c) Y.P.A.). The Director of the Youth Protection also states in its motions that A and B are victim of physical abuse (38(

e) Y.P.A.) and that B displays serious behaviour problems (38(

f) Y.P.A.). [ 3 ] The father and the mother are present and represented by a lawyer. All the children are represented by a lawyer, although only A and B are present at the hearing. THE FACTS [ 4 ] The admissions and the testimony of the petitioner prove, on a balance of probabilities, the following facts. [ 5 ] The parents display gambling problems and consume marijuana. Until recently, it was noticed they had little or no food in the house. The children are also exposed to verbal abuse. [ 6 ] The parents admit having gambling issues.

As for the lack of food witnessed by the Youth Protection workers, the parents recognize they have problems providing food to their children on a regular basis. However, the father tends to blame the children's uncles that keep on taking the family's food. He admits being unable to stand up to these uncles. The evidence also shows that the lack of food can also be linked to the parents gambling issues. [ 7 ] It appears that the mother is a controlling person and that she has jealousy issues where the father is concerned.

Consequently, the father doesn't command his family's respect. [ 8 ] The parents also have difficulty offering proper structure and supervision to the children. It is not uncommon that the children wake up late for school. In that regard, academic performances and attendance is not the same from one child to the other. A is doing much better in school since she is in a class adapted to her learning difficulties. She usually attends school in the afternoon. [ 9 ] B's situation is more troublesome. Until very recently, she has missed a lot of school.

Last fall, when she did show up at school, it wasn't uncommon to see her sleeping on her desk. This makes her integration at school with other children that much more

difficult. Furthermore, she was violent towards a teacher, which led to a temporary suspension. [ 10 ] As for Z's attendance at school it is also poor. He might fail his school year. [ 11 ] For her part, X is doing very well in school. Her attitude and her performance are considered excellent. [ 12 ] The parents admit the poor school attendance of some of the children, but tend to hold them solely responsible for not getting up in the morning. [ 13 ] The Court is convinced that the security and development of all the children are endangered because their parents fail to meet their basic needs following section 38(1)(

i) and (iii) of the Youth Protection Act and because they are subject to psychological ill- treatment (section 38 (

c) Y.P.A.). Finally, the Court concludes that B displays serious behavioural disturbance following

section 38(

f) Y.P.A. MESURES APPLICABLE [ 14 ] Both parents offered good cooperation to the Youth Protection worker. Although they admit most of the issues, they do not fully grasp what impact their shortcomings have on the children. The parents have shown some improvement during the past two months. The lack of food is less of an issue but remains fragile. The children report a healthier family environment. [ 15 ] The Director of Youth Protection is of the opinion that the family needs assistance and proposes that the children be entrusted to the parents in order to work intensively during the next four months.

All parties agree with the proposed measure. [ 16 ] The petitioner is confident that close monitoring and follow-ups with social workers at the CLSC regarding family budgeting and gambling issues can help the parents to further develop their parental skills. B's particular situation [ 17 ] The Court is quite concerned by B's behaviour. On the short term the parents will have to ensure her presence in class and for its part, the D.Y.P. will have to monitor the situation threw school councillors.

Under the circumstances, the Court believes a psychological assessment is necessary in order to know more about the root of her behavioural problems. [ 18 ] The parents must understand that the work ahead of them is considerable. They must first take responsibility for their actions or lack thereof, and stop blaming the children or others for their own failings.

The Court recognizes that there is potential for change as long as they continue to collaborate with Youth Protection workers and accept to address the many issues previously underlined such as meting the children's basic needs, address their gambling issues and providing them with necessary structure. [ 19 ] Only full and intense cooperation with the D.Y.P. and the CLSC will prevent the placement of their children in the near future. [ 20 ] FOR THESES REASONS, THE COURT: [ 21 ] GRANTS the petitions concerning X ([…], 2003), Y ([…], 2007) and Z ([…], 2001); [ 22 ] GRANTS partially the petitions concerning A ([…], 1996) and B ([…], 1997); [ 23 ] DECLARES that the security and development of the children are endangered; [ 24 ] ENTRUSTS the children to their parents; [ 25 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in their child's regard to put an end to the situation; [ 26 ] ORDERS that all the children attend school, that they be on time, that the parents take all the measures to ensure their success and that they collaborate with the school staff and teachers; [ 27 ] ORDERS that the parents actively participate in learning about parental skills with the CLSC and Youth Protection workers; [ 28 ] ORDERS that the parents seek help through the CLSC for their consumption and gambling problems and budgeting issues; [ 29 ] ORDERS that the parents abstain from possessing or consuming alcohol and drugs in front of the children; [ 30 ] ALLOWS the D.Y.P. to make weekly or random visits in the family home; [ 31 ] ORDERS the D.Y.P. to submit B to a psychological assessment; [ 32 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the children and their family for a period of three months; [ 33 ] ORDERS that the petitioner file the birth certificates of all the children within a period of 60 days; [ 34 ] ORDERS the police to collaborate in the execution of the present order; [ 35 ] ENTRUSTS the children's situation to the Director of Youth Protection for the purpose of executing the measures ordered by the Court.

__________________________________ NANCY McKENNA, J.C.Q. M e Stéphanie Lachance Cain Lamarre Casgrain Wells Lawyer for the D.Y.P. M e Denis Trottier Legal Aid Town A Lawyer for the children M e Jacques Stuart Lawyer for the parents Date of hearing: March 8, 2011