2017 QCCQ 17175, 2017 QCCQ 17175

Protection de la jeunesse — 177659 2017 QCCQ 17175 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000790-177 DATE: October 20, 2017 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2012 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A, district A Applicant and A, residing and domiciled in City A, district A Mother ______________________________________________________________________ JUDGMENT (sections 38 and 91 of the Youth Protection Act ) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection A (D.Y.P.) submits to the Court a motion asking that the security and development of X, 5 years old, be declared in danger because his parent fail to provide him appropriate supervision, because of the serious risk of neglect by the mother, the psychological ill-treatment and the physical abuse, under

section 38 b) 1 o iii, 2 o

c) and e) 1 o of the Youth Protection Act ( Y.P.A .). [ 2 ] At the hearing, the mother is present assisted by Me Marianne Léonard. Me Cassandra Neptune represents the child and Me Genevieve Apollon the applicant. [ 3 ] Most of the facts are admitted by the mother. The evidence is completed with the testimony of the social worker. On the applicable measures inquiry, a social study is filed and an evaluation and orientation report done by Mr. Bruce Lavergne in November 23, 2016.

At the time, considering that all the facts alleged for the reports done on January 4, 2016 and September 2, 2016, voluntary measures were signed.

Those measures were enforced until August 22, 2017. [ 4 ] The child was entrusted to a foster family and meanwhile the mother had to refrain using alcohol in presence of the child, using violence towards the child, seek for help for her issues and receive help of a psycho-educator to work on her parental skills. [ 5 ] Now, evidence reveals that the mother still has alcohol and substance abuse issues, that she displayed aggressive behaviour towards family members and her boyfriend, that she used inappropriate disciplinary measures towards her child and did not provide him adequate supervision. [ 6 ] Since the signature of voluntary measures, the mother offered good collaboration and sought help for her issues.

Consequently, the child was reintegrated on [...], 2017, but soon after, new reports were done to the D.Y.P. that the mother would drink, consume marijuana and would hit the child. [ 7 ] Consequently on May 5, 2017 the child was entrusted back to foster care. [ 8 ] On June 3, 2017, the foster mother declared that she was overwhelmed, that the child was completely out of control. He has serious behaviour problems. The child was then entrusted to the care of his maternal grand-mother with the condition that the mother would not reside in the same house.

Unfortunately, that condition was not respected and immediate protective measures were taken on June 11, 2017. [ 9 ] Since, the child is placed in a foster family and those foster parents are educator. They intervened regularly. The child was met last July after third attempt with Dr. Larose, who prescribed him medication for hyperactivity. She also recommended to suspend any contact of the child with his mother for a month so she could do a proper evaluation. [ 10 ] The mother has serious issues to settle.

She is aggressive, has a violent conjugal relationship, she consumes alcohol and drugs and reacts very aggressively when she is confronted to authority.

[ 11 ] After the provisional measures ordered by the Court, the child had to integrate a foster family in another community. Then the mother made threats to commit suicide, told her son to run away, screams, stamps her feet and hits the wall. [ 12 ] Since, the mother’s collaboration is not regular. She does not understand her child’s needs. She behaves immaturely. [ 13 ] Even with the admissions she did today, the Court does not believe she understands well her parental obligations. The Court questions her ability to understand the consequences of her shortcomings on her son.

A psychological evaluation, including the evaluation of her parental capacities, would be very useful in the present situation for the future. CONSIDERING THE WHOLE EVIDENCE, THE COURT: [ 14 ] GRANTS the application; [ 15 ] DECLARES the security and development of the child X, born on [...], 2012 in danger under

section 38 b) 1 o iii, 2 o

c) and e) 1 o of the Y.P.A ., for all the motives alleged; [ 16 ] ORDERS his placement in a foster family chosen by the institution operating a child and youth protection centre; [ 17 ] AUTHORIZES that the child beneficiates of respites on week-ends for a maximum of 72 hours a time at the Group Home 6-12 in City A; [ 18 ] AUTHORIZES that the child takes part to the readaptation program of the Group Home 6-12 for two hours per day, three times per week; [ 19 ] ORDERS the D.Y.P. to provide to the child all the specific health care and health services, namely an evaluation by the psychiatrist, Dr.

Larose, as well as follow-up if needed; [ 20 ] ORDERS that the psychiatric evaluation of the child be available for the next court hearing; [ 21 ] RECOMMENDS that the mother be evaluated by a psychologist in a short delay; [ 22 ] ORDERS the D.Y.P. to proceed to the evaluation of the parental capacities of the mother; [ 23 ] ORDERS the D.Y.P. to supervise the contacts between the mother, her son and the extended family as for the modalities, the frequency and the degree of supervision; [ 24 ] ORDERS the D.Y.P. to provide help, counsel and assistance to the child and his mother until February 2, 2018; [ 25 ] ORDERS that the mother take an active

part in the application of any of the measures ordered by the Tribunal; [ 26 ] RECOMMENDS that the mother seek help through the social services concerning her personal issues; [ 27 ] ORDERS that the child, his family and the foster family receive the services of an external educator; [ 28 ] ORDERS the police to collaborate to the execution of the enactment; [ 29 ] ENTRUSTS the situation of the child to the D.Y.P. who shall then see that the measures are carried out; [ 30 ] THE WHOLE until February 2, 2018. __________________________________ DENYSE LEDUC, J.C.Q.

Me Cassandra Neptune Attorney for the child Me Genevieve Apollon Attorney for the applicant Me Marianne Léonard Attorney for the mother Date of hearing: August 17, 2017