2018 QCCQ 13859, 2018 QCCQ 13859

Protection de la jeunesse — 184260 2018 QCCQ 13859 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” N° : 525-41-032262-172 DATE : April 9, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2008 child and A B parents ______________________________________________________________________ JUDGMENT

Section 91 of the Youth Protection Act (R.S.Q. c. P-34.1) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on April 9, 2018. [ 2 ] On October 12, 2017, the Tribunal declared that the child’s security or development was compromised as the mother was not providing the child with the appropriate supervision, that the child was subjected to psychological ill-treatment and that there was a serious risk that the child was subjected to inappropriate means of discipline. [ 3 ] At that time, specific goals were set for the parents and it was agreed that the hearing would be continued. [ 4 ] Today, the Director recommends that the child remains entrusted to the father and that support measures be ordered for a period of one year. [ 5 ] The parents and the child’s lawyer are in agreement with the proposed recommendations.

Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting his rights? Context and Analysis [ 7 ] The child has continued to reside with his father and attend school regularly. [ 8 ] He continues to be on a waiting list to receive psychological follow up from the CLSC Pierrefonds. [ 9 ] The mother completed a parenting capacity assessment with Dre. Catherine Cloutier, psychologist. Dre. Cloutier reported the following: (the mother) is able to fulfill the physical and material needs for her children.

However, she is more limited in her capacity to fulfil the security and stability needs for her children given her present struggle with her addictions and related personality difficulties.

[ 10 ] Dre. Cloutier recommended that the mother take

part in a psychotherapy with a professional specialized in drug and alcohol problems and related emotional difficulties. [ 11 ] For a certain period of time, the mother has continued to reside with her boyfriend, Mr. B. [ 12 ] Since September 2017, the mother works as a general manual worker for a pavement company. [ 13 ] The mother reported having stop drinking in October 2017 and having relapsed twice with cocaine in September 2017. She reported attending AA meetings twice per week. [ 14 ] On November 11, 2017, the mother was found by the police, on the street in Kirkland.

She appeared beaten and to be under the influence of drugs and alcohol. [ 15 ] On November 15, 2017, the mother confirmed to the youth protection worker that she had an argument with Mr. B. She recognized that, at the time, she was under the influence of drugs and alcohol. [ 16 ] At this point, the mother reports that she signed a lease on January 9, 2018 and that she does not live with Mr. B anymore. It was difficult for the youth protection worker to meet with the mother since November. [ 17 ] The mother has been having weekly supervised visits with the children.

She also contacts her children through phone calls. [ 18 ] The mother was requested to submit to two random drug tests, however she did not show up for the tests. [ 19 ] During her testimony, the mother acknowledged not knowing what to do to resolve her situation: “ I lost everything and I don’t know where to start ”. [ 20 ] At this point, the mother agrees for the father to assume the child’s custody. [ 21 ] The mother has not yet stabilized her own situation. She relapsed using drugs and alcohol. Her residential and emotional situations remain unclear. Her collaboration to the social follow-up is inconsistent.

Consequently, the Director’s intervention remains necessary.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 22 ] ENTRUSTS the child to his father; [ 23 ] AUTHORIZES the Director of Youth Protection to obtain and exchange information with all professionals involved with the family; [ 24 ] ORDERS that the parents do not denigrate each other in the child’s presence; [ 25 ] ORDERS that the frequency and modality of contacts between the child and the mother be determined by the Director of Youth Protection including supervision if necessary; [ 26 ] RECOMMENDS the mother, as she agreed, to submit to random drug testing, to address her drug and alcohol issues and to take steps to receive a psychiatric assessment and psychotherapy; [ 27 ] RECOMMENDS that the father takes steps to seek custody through Superior Court and TAKES ACT of the mother’s agreement for the father to do so; [ 28 ] TAKES ACT of the mother’s commitment to provide within ten days the copy of her lease to the youth protection worker and for this copy to be transmitted to all the lawyers and to the Court; [ 29 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 30 ] THE WHOLE for a period of one year; [ 31 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Written and signed on April 17, 2018 /cd Mtre Marie-Josée Paiement Counsel for the Director of Youth Protection Mtre Lilian Stah Counsel for the child Mtre Joseph Perlini Counsel for the father Date of hearing: April 9, 2018