2011 QCCQ 17435, 2011 QCCQ 17435

Protection de la jeunesse — 116722 2011 QCCQ 17435 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001385-118 640-41-001386-116 DATE: October 6, 2011 ______________________________________________________________________ BY THE HONOURABLE NANCY McKENNA, J.C.Q. ______________________________________________________________________ [INTERVENANTE 1], Youth Protection worker duly authorized by the Director of Youth Protection A C.Y.P.C. working in city A Applicant -and- X & Y, both residing and domiciled in city A, Quebec, district A Children -and- A, residing and domiciled in city A, Quebec, district A Mother -and- B, residing and domiciled in city A, Quebec, district A Father ______________________________________________________________________ JUDGMENT (Sections 38 & 75 of the Youth Protection Act) ______________________________________________________________________ [ 1 ] The Director of Youth Protection presents two applications to have the security and development of X, born on […], 2010 and Y, born on […], 2011 declared in danger due to the parental negligence as defined at paragraph 38(

b) Y.P.A. and due to psychological ill treatment pursuant to paragraph 38(

c) of the Y.P.A. [ 2 ] Both children are present and represented by their lawyer. The parents also are present and represented by their lawyer. [ 3 ] The admissions and the testimony of the petitioner prove on a balance of probabilities the following facts. THE FACTS [ 4 ] The parents have both evolved in dysfunctional families where violence, as well as excessive drug and alcohol consumption were common. Ms A has known the services of the Director of Youth Protection as a child.

In turn, both parents display alcohol and drug related problems. [ 5 ] At the outset of the Director of Youth Protection's evolvement with the family, the parents were living with Ms A's stepfather. The house was filthy and not suitable for two young children. Moreover, the mother strongly suspected her stepfather of sexually abusing X. In fact, last May, during an evening of alcohol consumption, the mother stabbed her stepfather for that exact reason. The father admitted to the applicant that X was present during the event.

Notwithstanding their strong suspicions, the parents do not wish to collaborate with the police nor with the Director of Youth Protection in the multi-sectoral protocol concerning the alleged sexual abuse. Accordingly, the Director of Youth Protection cannot substantiate the parents' suspicion. Nevertheless, the child was brought to the clinic as some redness was noticed on the child's vulva. However, the medical examination does not conclude to sexual abuse. Since then, the parents have accepted the Director Youth Protection guidelines to keep X away from Ms A's stepfather.

Nevertheless, the Court finds it troublesome that the parents' did not take the necessary steps to protect X sooner. [ 6 ] The parents are now living with the paternal grandfather. At first, they were living with the paternal grandmother but moved due to her excessive alcohol consumption. However, people living in the paternal grandfather's house regularly consume marijuana. The parents both consume marijuana outside the dwelling. Conscious of the dangers of marijuana second-hand smoke, the parents are however in no position to impose their rules in the grandfather's house.

With the accepted help of the Director of Youth Protection the parents completed their application for a house at the Inuit housing department. The applicant is hopeful that a house will be made

available in the next few months. [ 7 ] The mother acknowledges she can be aggressive when under the influence of alcohol. Both parents have often been intoxicated either by alcohol of drugs in the presence of X. This also means that the mother consumed alcohol and marijuana during her last pregnancy. [ 8 ] In this regard, both parents are ready to undergo a treatment program for their alcohol and substance abuse. [ 9 ] This environment is certainly not the most appropriate to provide the children with the care and supervision they need. The Court is convinced that there is a serious risk that the parents do not provide for the basic needs of the children in regards to

section 38( b ) (2) of the Youth protection Act and that X is subject to psychological ill treatment pursuant to

section 38(

c) Y.P.A. APPLICABLE MEASURES [ 10 ] After pondering over the issue for some time, the applicant suggests that the children be entrusted to the parents provided the Court orders strong measures of control by the Director of Youth Protection. [ 11 ] The parents' collaboration with the D.Y.P. is irregular. They admit that they must operate some changes in order to secure the care of the children. Furthermore, the bond between both children and the parents is strong. The mother hasn't drank alcohol since July and is now working.

The applicant feels that the parents' openness to get help and close monitoring with social workers can help the parents to further develop their parental skills. [ 12 ] The parents must understand that the work ahead of them is considerable. The mother meets the admission criteria for the Portage family unit. Essentially, the program provides tools to address the mother's addiction while strengthening her bond with her children.

The parents must address their addiction and undergo the proper treatment program. [ 13 ] Both parents underwent a psychological assessment of their parental capacities in order to direct them in the appropriate programs. The mother's evaluation has not yet been completed and must be prioritized in the near future. As for the father, he shows limitations as to his parental skills. In that regard, parenting classes at social services are a must.

Only regular cooperation with the Youth Protection and honest and intense work on themselves will prevent the placement of their children in the near future. [ 14 ] FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the petition concerning X, born on […], 2010 and Y, born on […], 2011; [ 16 ] DECLARES that the security and development of both children are in danger according to

section 38( b )

(2) Y.P.A.; [ 17 ] DECLARES that the security and development of X are further in danger under

section 38(

c) Y.P.A.; [ 18 ] ENTRUSTS the children to their parents; [ 19 ] ORDERS that the parents report periodically to the D.Y.P. regarding the measures they apply in their own regards to put an end to the situation in which the security and the development of the child are in danger; [ 20 ] ORDERS that the parents undertake to take an active

part in the application of the measures designed to put an end to the situation in which the development and the security of the children are in danger; [ 21 ] TAKES KNOWLEDGE and therefore ORDERS the parents to avoid any contacts between them, X and Mr C, the mother's stepfather; [ 22 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the children and the parents for a period of five months; [ 23 ] TAKES KNOWLEDGE of the parents consent and therefore ORDERS them to undergo a treatment program for their alcohol and or drug problems; [ 24 ] AUTHORIZES unannounced visits by the D.Y.P. within the family household; [ 25 ] ORDERS that the parents remain sober when in presence of the children; [ 26 ] ORDERS the police to collaborate in the execution of the present order;

[ 27 ] 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 Yan Massé Legal Aid Lawyer for the children M e Sarah Plamondon Lawyer for the parents Date of hearing: September 27, 2011