2016 QCCQ 5314, 2016 QCCQ 5314

Protection de la jeunesse — 161716 2016 QCCQ 5314 JA0940 QUEBEC COURT Youth Division CANADA PROVINCE OF QUÉBEC DISTRICT [...] N° : 525-41- 028223-147 ; 525-41- 030472-153 DATE : February 1, 2016 Corrected on March 16, 2016 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X , born on […], 2012 Y, born on […], 2015 THE DIRECTOR OF YOUTH PROTECTION Applicant and A , mother B , father Respondents ______________________________________________________________________ CORRECTED JUDGMENT (Section 95 of the Youth Protection Act concerning X

Section 38 of the Youth Protection Act concerning Y) ______________________________________________________________________ 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.). The Court reaffirms the judgement rendered on February 1 st , 2016, with correction concerning the mother’s lawyer. [ 1 ] As required under

Section 90 of the Youth Protection Act , the present judgment confirms in writing the decision rendered orally at the hearing held on February 1 st , 2016. [ 2 ] The Director of Youth Protection (the Director) seizes Court of a motion for revision and extension of a decision rendered by Judge Ruth Veillet on February 16, 2015 concerning X (now 3 years old).

The Director also seizes Court of the situation of Y, now aged eight months, alleging that his security and development are compromised due to risk of neglect and psychological ill-treatment (child exposed to the conflicts of the parents). [ 3 ] The Director is asking that the children be entrusted to the care of their mother on the condition that she resides in a setting authorized by the Director of Youth Protection.

It is also requested that aid, counsel and assistance be provided to the children and their parents, along with other measures, for a period of nine months. [ 4 ] The mother admits essentially all the facts alleged in support of the two motions. She is in agreement with the recommendations made by the Director and has a few suggestions on how the contacts between the father and the children could be made. She is willing to

continue to collaborate with the Director. [ 5 ] The father admits essentially all the facts concerning him alleged in the two motions. He denies minimizing the seriousness of the situation. He agrees with the recommendations made by the Director and expresses his willingness to collaborate with the Director. [ 6 ] Counsel for the children makes no admissions and, at the conclusion of the inquiry, shares her concerns regarding the drug use of the parents, the conflicts opposing the parents as well as the incident where by the children were left alone by the mother.

Counsel invites the Court to ensure that the contacts of the children with their parents be structured in time and that a calendar or

schedule of contacts be established. CONTEXT [ 7 ] The Director of Youth Protection has been involved with the oldest child, X, and the services provided have not been sufficient for the parents to put an end to the situation that led to the involvement of the Director. [ 8 ] Up until April 2015, mother and X continue to reside at the A Shelter of Town A.

They then move into one of their supervised apartment. [ 9 ] On […], 2015, the mother gives birth to the second child of the family. [ 10 ] On August 15, while the mother was under the effect of alcohol and drugs, an incident of domestic violence escalated into physical violence in the presence of both children. Police intervention was required. [ 11 ] Both parents recognize that it took thirty minutes to calm down X, then aged two-and-a-half-year-old. [ 12 ] The mother recognizes that she has a history of substance abuse.

She has failed to submit to random drug and alcohol testing, as required by the Director, on more than one occasion. [ 13 ] On October 22 nd , the mother has left both children unattended in the apartment, for a period of twenty to thirty minutes. The mother explains that an ex-boyfriend of hers (not the children's father) showed-up unexpectedly, intoxicated. She chose to escort the man out of the building and accompanied him to his car. As the situation was, according to her, getting out of hand, she chose to stay with him to calm him down.

During that time, her five-month-old baby and her almost three-year-old girl were left unattended. The three-year-old was seen wandering the hall of the building. [ 14 ] The mother recognizes her lack of judgement and promises never to leave her children alone again. [ 15 ] Both parents have complaints against one another. At times, the father did not bring back the child or children at the agreed upon time.

At times, the mother was not home or did not show-up to receive, as agreed, the child or children. [ 16 ] It was hoped that the intervention of the Director concerning X would have been sufficient to ensure the security and development of the baby. Unfortunately, despite the services offered, evidence reveals that the security and development of the baby are also compromised due to psychological ill-treatment as well as risk of negligence. [ 17 ] The Court is convinced that both parents wish to correct their situation.

In order to do so, the Director will have to provide a more proactive intervention, mainly in scheduling structured contacts and ensuring, through a closely monitored follow-up, that both parents respect the established calendar of visits and contacts. [ 18 ] In addition, the mother will have to make herself available to receive the services that she needs and that are currently offered to her. [ 19 ] As for the father, he has to maintain his recent and positive collaboration with the Director.

Both parents have to take advantage of the services offered by the Director to learn to co-parent appropriately their two children, assuming their parental authority without exposing the children to their differences of opinion and disputes. [ 20 ] The Director has established that the security and development of the baby are compromised and that there is a need for continued involvement of the Director in the situation of X. The recommendations made by the Director meet the needs of the children and are in their best interest.

AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 21 ] DECLARES that the security and the development of the child X are still compromised; [ 22 ] DECLARES that the security and the development of the child Y are compromised due to psychological ill-treatment and risk of negligence.

AND, BY VIRTUE OF AND PURSUANT TO THE POWERS GRANTED UNDER SECTIONS 91 AND 91.1 OF THE YOUTH PROTECTION ACT, THE COURT ORDERS THE FOLLOWING MEASURES: [ 23 ] ORDERS that the children be entrusted to the care of their mother, on the condition that she resides in a setting authorized by the Director of Youth Protection; [ 24 ] ORDERS that the modalities and duration of contacts between the children and their father will be determined by the Director of Youth Protection and SETS the minimal frequency at once (1) per week; [ 25 ] TAKES ACT of the commitment of the Director of Youth Protection to formalize the modalities, duration and frequency of

contacts in a calendar; [ 26 ] TAKES NOTE that the father already has extended weekends contacts with the children; [ 27 ] RECOMMENDS to the mother to continue to address her personal issues, including substance abuse; [ 28 ] TAKES NOTE of the commitment of the mother to continue meeting all of her service providers on a regular basis; [ 29 ] ORDERS that the mother meet the service providers when requested to do so; [ 30 ] RECOMMENDS to the father to undergo a substance abuse assessment and follow any recommendations made; [ 31 ] TAKES NOTE of the commitment of the father to undergo a substance abuse assessment in the near future; [ 32 ] ORDERS that aid, counsel and assistance be provided to the children and their parents for a period of nine (9) months; [ 33 ] ENTRUSTS the situation of the children to the Director of Youth Protection of A Youth and family Centres, who shall then see that the measures are carried out. _________________________________ MARIE ARCHAMBAULT, J.C.Q.

Me Edith Zavodni Attorney for the Director of Youth Protection Me Michelle Robidoux Attorney for the child Me François De Vette Attorney for the child mother Date of hearing : February 1 st , 2016