2012 QCCQ 17253, 2012 QCCQ 17253

Protection de la jeunesse — 126703 2012 QCCQ 17253 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41-000433-117 635-41-000434-115 635-41-000432-119 635-41-000431-111 DATE: July 19, 2012 ______________________________________________________________________ IN THE PRESENCE OF LISE GAGNON, J.C.Q. ______________________________________________________________________ IN THE MATHHER OF THE CHILDREN : X Born on […] Y Born on […] Z Born on […] A Born on […] [ INTERVENANT 1 ] persons duly authorized by the Director of Youth Protection of the A working in City A (Quebec), Applicant -and- B, residing and domiciled in City B (Québec), district A ; Mother -and- C, residing and domiciled in City C (Québec), district A ; Father of X -and- D, residing and domiciled in City C (Québec), district A ; Father of Y -and- E, residing and domiciled in City C (Québec), district A ; Father of Z -and- FATHER, (undeclared for A ); ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director of Youth Protection (Director) submits to the Court a motion for revision of a decision rendered on November 15, 2011, by Justice Paul Chevalier, in which he entrusted the four children to their parents while asking them to seek help to solve their drinking problem and marital issues. [ 2 ] Today, the Director asks the Court to entrust the three youngest children to their father and A to her mother.

Update of the situation since November 15, 2011 [ 3 ] It was very difficult for the social worker to meet with the parents at first. [ 4 ] On January 24, 2012, the social worker finally met with the father. The father stated that he had good moments with his spouse

during Christmas time. When they were drinking, he entrusted the children to the paternal grandfather. [ 5 ] However, since then, their marital situation has become tense once again . The father says his wife is accusing him of having an affair with another woman. [ 6 ] To help him solve his marital problems, the social worker referred the father to a professional at the CLSC. [ 7 ] At the end of February 2012, the mother stated she wanted to leave her husband and live in City D . [ 8 ] A few days later, the parents got into a fight.

To let the dust settle, the father went to stay at his father’s house. [ 9 ] On March 8, 2012, the mother was yelling on the FM radio that nobody wanted to help her. [ 10 ] The CLSC social worker heard her voice and called the police to go see what was happening at the mother’s home. When the policemen arrived, the mother was in crisis, yelling and crying. A , Y and X were in the house. [ 11 ] The three children were sent to their father at the grandfather's house. [ 12 ] That day, the mother explained to the social worker that she thought that the father had sexual intercourse with the new baby sitter.

She was so hurt, she said, that she had hit the babysitter while on a snowmobile the week before. The mother added that the babysitter was stupid because she did not press charges against her. [ 13 ] A few days later, the CLSC social worker went with the mother to the father’s house to pick up some things. Upon arrival, they heard yelling and the kids crying.

The father took Y and X by their arms roughly to give them to the CLSC worker saying that he did not want his kids anymore if there were no mother in the house. [ 14 ] Later that day, the father was arrested. [ 15 ] On March 13, 2012, Justice Grimard entrusted A and Z to their paternal grandfather, F , and Y and X to a foster family until the hearing scheduled on May 8, 2012. [ 16 ] This provisional measure did not really solve the problems as the mother kept calling the emergency line, panicking about the children's safety. [ 17 ] For example, on April 15, 2012, she called the emergency line saying that the paternal grandparents were intoxicated while responsible for her children.

The social worker spoke immediately with the grandparents and the father to find out that nobody was intoxicated. He went to the house and saw the children playing together. Everything was fine. [ 18 ] More recently, the mother made many emergency calls on the fire line during the night, crying and asking the father to come back home.

This forced two firemen to close their phone line not to be disturbed all night, leaving the community without reachable firemen for the night. [ 19 ] The grandparents and the father informed the social worker that the mother was harassing them by calling every day, several times a day. [ 20 ] Between April 16 and 25, X was sent to the City B hospital for his lung problems. The first day, the mother stayed with him, but after a few days the mother disappeared progressively. [ 21 ] On April 20, when her daughter A , 10 years old, came for a visit at the hospital, the mother left her alone with X .

She told her daughter she was going to buy dinner but never came back. Later in the evening, the social worker had a call on the emergency line saying that the mother was passed out on the couch at the City B Inn hotel. She was so intoxicated that her friend did not even want to take her home for the night. [ 22 ] After this incident, the mother did not show appropriate parental skills with X . At the hospital, she was crying and did not pay attention to her son. On many occasions, she was found sleeping and not waking up when her son was crying.

The nurses had to check on X to make sure he was fine. [ 23 ] During that period, it was very difficult to discuss with the mother. The social worker could not build a relationship of trust with her.

The mother was often yelling at the different social workers, telling them they were on the father’s side. [ 24 ] The mother often talks against the father. [ 25 ] On May 8, 2012, the Court once again entrusted the four children to their father. [ 26 ] Since then, the social worker meets with the father weekly and his collaboration with the Youth Protection worker and the CLSC worker is regular and good. [ 27 ] Around May 11, the mother went to stay with her sister, Mrs G , in City E . [ 28 ] The social worker was surprised by that move since the mother had told him that she never wanted to live there because everybody was drinking alcohol.

Considering that she had changed her mind, the social worker felt necessary to assess the mother’s new living environment . [ 29 ] The home assessment made by the Youth protection worker revealed that Mrs G had a drinking problem in the past, but went through treatment in January 2012.

[ 30 ] Her file with Youth Protection was closed in March 2012 as she was doing very well with her three children.

She was completely sober and had not gotten involved with the police neither with Youth Protection for many months. [ 31 ] However, the home assessment made on June 27, 2012, showed that Mrs B was bringing alcohol in the house and would get drunk. [ 32 ] On July 11, 2012, an addendum was made to the first home assessment which put a shadow on the first information received about the mother’s living environment. [ 33 ] On July 7, 2012, the Youth Protection worker received a statement saying that two women were severely intoxicated at house A in the presence of children.

When the social worker got at this house, he noticed that the mother was passed out on the couch. The stove was left on “High” with a knife and a large amount of oil just beside it. The house was messy with a lot of bottles and garbage on the floor. Mrs G , owner of the house, was also highly intoxicated with her young son outside the house. She was brought to detention and all the children had to be entrusted to an emergency foster family for the night. [ 34 ] When the mother was questioned about the incident, she denied everything saying that she was not at the house that evening.

However, the social worker confirmed that she was really the woman he saw passed out on the couch. [ 35 ] When Mrs G was met, a few days later, she confirmed that the mother and herself were both drinking. She explained that it was her first relapse, and that she was more fragile since the arrival of her sister at her house. She decided to restart a regular follow-up with social services, twice a week, to avoid relapsing again.

She said she was ready to keep her sister but if this would happen again, she would ask her sister to leave the house to ensure the security of her own children. [ 36 ] As for the father, he has not been all that perfect during these months. In an email sent to the mother, his language was very disrespectful towards her. This was nothing to help the marital problems to calm down. [ 37 ] As for the children, A is 10 years old and she is a very independent child. She plays hockey. She speaks English and French. She is doing well in school. She is very cooperative.

She misses her mother a lot and, even if she will miss her siblings, she is asking to go live with her mother. [ 38 ] Z is a 7-year-old boy who is very smart and sociable. At times, he can be aggressive with other students, but his behaviour improved in the last months. [ 39 ] Y is the adopted-daughter of the couple. She was given for traditional adoption while H was pregnant with X . The mother says that it was harder for her to accept Y , but now she is part of the family.

She is 2 years old and well adapted to the different situations she has been through in the last months. [ 40 ] X was born premature, 33 weeks into the mother’s pregnancy. He has a lot of lung-related problems . Analysis and applicable measures [ 41 ] When they are sober, both parents demonstrate strong parental capacities. However, when their relationship is unstable or when they drink, the children are at risk. [ 42 ] Generally, when a conflict happens, the father reacts by leaving the house or locking his wife out. He tends to forget about his children.

He can leave them with their mother, even though she may be aggressive and intoxicated. [ 43 ] At first, the father was not very involved with Youth Protection, but more recently his collaboration has improved. He understands the problems and collaborates to try to solve them. [ 44 ] As for the mother, she is unstable emotionally and can explode anytime or be depressed when the relationship is unstable. She can pass out, even while responsible for the children. [ 45 ] The mother has to learn to calm down and think before acting out.

Her lack of judgment is frequent and troubling. [ 46 ] As for the father, he also has to learn to respect the mother and not to put oil on the fire with his words or behaviours. [ 47 ] At the hearing, the Court called for a new start where each parent would respect each other. [ 48 ] Children will never benefit from parents that are in conflict.

They benefit much more from parents who can get along or at least do not fight. [ 49 ] Today, the parents, with their attorney, have reached a solution that the Court is ready to follow, though risky. [ 50 ] The three youngest children will remain with their father for one year to stabilize their situation. [ 51 ] As for A , though the mother’s situation remains fragile, the Court is ready to let her go live with her mother, as long as the social services are providing a close follow-up to the family. [ 52 ] Meanwhile, both parents will be psychologically evaluated.

This will give us a new tool to try to help them better in solving their conflicts. [ 53 ] In the meantime, both parents must remain sober in the presence of their children. [ 54 ] With all these measures and a little bit of good faith, the Court hopes that this will protect the children and provide them with a

safe and healthy environment for the next year. FOR THESE REASONS, THE COURT: GRANTS the petition; REVISES the decision rendered on November 15, 2011 by Justice Paul Chevalier; DECLARES that the security and the development of X , Y , Z and A are still compromised; ORDERS that X , Y and Z be entrusted to Mr.

C for a period of one (1) year; ORDERS that A be entrusted to her mother; ORDERS that X and Y attend a childcare establishment; ORDERS that X receive specific health care and health services; ORDERS that the children's parents report, at regular intervals, to the Director to inform him of the current situation; ORDERS that the mother and the father receive a psychological evaluation; ORDERS the parents to follow the recommendations and seek appropriate help regarding their instability issues in order to provide a stable environment to their daughter; ORDERS that the mother seek help regarding her parenting skills by receiving help from the CLSC; ORDERS that the father receive help regarding his personal issues with the CLSC; ORDERS that a person working for an institution or body provide aid, counsel and assistance to the children and their family for a period of one (1) year; ENTRUSTS the situation of X , Y , Z and A to the Director of Youth Protection of the A , who shall see that the measures are carried out; ORDERS the police to collaborate in the execution of this order. __________________________________ Lise Gagnon, J.C.Q.

M e Gabriel Gaudreault Counsel for the applicant M e Myriame Gaudreault Counsel for the children M e Angèle Tommasel Counsel for the mother M e Marie-Claude De Gagné Counsel for the father Date of hearing: July 19, 2012