2012 QCCQ 19451, 2012 QCCQ 19451

Protection de la jeunesse — 128590 2012 QCCQ 19451 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] Youth Division No: 635-41-000473-121 and 635-41-000472-123 DATE: November 6, 2012 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born [...], 2004 Y, born [...], 1996 [SOCIAL WORKER 1] , Youth Protection Worker, duly authorized by the Director of Youth Protection A. working City A, district A, province of Quebec Applicant v.

A , residing and domiciled City A, district A, province of Quebec Mother and B , residing and domiciled City A, district A, province of Quebec Father ______________________________________________________________________ JUDGMENT (Sections 38 and 75 of the Youth Protection Act) ______________________________________________________________________ I - INTRODUCTION [ 1 ] The Court is seized of a motion for protection under

section 38 and 75 of the Youth Protection Act concerning the children Y, born [...], 1996 and X, born [...], 2004. [ 2 ] The children are represented by Me Marie-Claude De Gagné. The youth Y admits all the allegations of the motion and agrees with the recommendation to be entrusted to her paternal aunt, Mrs. C, for a period of six (6) months with progressive reintegration if the situation allows. [ 3 ] The mother is present and represented by Me Myriame Gaudreault.

She admits that her daughter Y was displaying suicidal ideas and the fact that she disclosed being physically abused by her mother on several occasions. She denies that she displays alcohol and anger management problems. She also denies being often aggressive towards the youth Y. The mother accepts the recommendation that her older daughter be entrusted to her paternal aunt and her younger daughter X to the father, Mr. B. [ 4 ] The father is not present; he previously informed the applicant that he could not be present at the hearing.

II - EVIDENCE [ 5 ] The evidence shows that the mother used physical violence towards her daughter Y. The mother, in an attempt to assume parental authority, wishes to assure discipline with her teenager, but these discipline measures include physical violence. The mother has difficulty managing her emotions and controlling her anger, even if the father Mr. B tries to intervene to moderate her reaction towards their daughter. [ 6 ] Mrs. A presents a recurring alcohol problem that affects her parental abilities.

According to her daughter Y, the physical violence events often took place when the mother was under the influence of alcohol. [ 7 ] On July 22, 2012, Y was admitted to the hospital for suicidal thoughts. She expressed that she would commit suicide by hanging herself in a shack close to her house. She also mentioned that the main reason for doing that is her deteriorated relation with her mother. [ 8 ] The Court is convinced that the mother used unreasonable upbringing methods with her daughter Y. The security and development of the youth are considered to be in danger under

section 38 e) 1 o of the Youth Protection Act. [ 9 ] According to that conclusion, the Court also believes that the security and development of both children Y and X are in danger because both children are at high risk of being subject to unreasonable upbringing methods by their mother, as provided for in

section 38 e) 2 o of the Youth Protection Act.

III – APPLICABLE MEASURES [ 10 ] The Court benefits from an evaluation and orientation report prepared by [Social Worker 1]. [ 11 ] As it was previously mentioned in this order, the mother accepts all the recommendations of [Social Worker 1] to improve her situation and her ways of disciplining a teenager. [ 12 ] At the beginning of the intervention by the Director of Youth Protection, the mother was very reluctant to collaborate, but now she is more open-minded about working with [Social Worker 1].

She is willing to seek help for her alcohol and violence problems. [ 13 ] The recommendation is to place Y with her extended family. The paternal aunt, C, manifested her interest in providing care for her for a period of six (6) months.

Concerning the youngest daughter, she will be entrusted to her father with a specific condition for the parents to remain sober in the presence of their children. [ 14 ] In light of the evidence, the Court accepts the recommendation of the Director of Youth Protection in order to end the situation that endangered the security and development of the children. [ 15 ] FOR THESE MOTIVES, THE COURT: [ 16 ] GRANTS the motion; [ 17 ] DECLARES the security and development of the children in danger; [ 18 ] ORDERS the placement of Y, born [...], 1996, in a foster home, namely with her paternal aunt, Mrs.

C, for a period of six (6) months with progressive reintegration if the situation allows; [ 19 ] ORDERS that the contacts between the mother and her daughter Y be supervised by the Director of Youth Protection concerning the presence of a third party; [ 20 ] MAINTAINS the child X, born [...], 2004, with her father; [ 21 ] ENTRUSTS the child X to her father, Mr.

B; [ 22 ] ORDERS that the parents remain sober in the presence of the children; [ 23 ] ORDERS that the mother seek help for her alcohol and violence related issues; [ 24 ] ORDERS that Y seek psychosocial assistance regarding the violence she was a victim of; [ 25 ] ORDERS the parents to collaborate with the Director of Youth Protection concerning the application of all the measures ordered by the Court; [ 26 ] ODERS that the parents receive individual, conjugal and family counselling; [ 27 ] ORDERS that aid, counsel and assistance be provided by the Director of Youth Protection for a period of twelve (12) months; [ 28 ] ENTRUSTS the situation of the children to the Director of Youth Protection who shall then see that the measures are carried out. __________________________________ RENÉE LEMOINE, J.Q.C.

Me Marie-Claude De Gagné For the children Me Myriame Gaudreault For the mother Me Robert-André Adam For the applicant Date of hearing: August 22, 2012