2016 QCCQ 19628, 2016 QCCQ 19628

Protection de la jeunesse — 1610338 2016 QCCQ 19628 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-0 31817-166 Date: December 15, 2016 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2010 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection A Applicant -and- A , the mother The parent JUDGMENT

Section 38 of the Youth Protection Act (L.R.Q., c. P-34.1 ) 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 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of December 15, 2016, in accordance with the provisions of

section 90 of the Youth Protection Act [1] . [ 2 ] The Director of Youth Protection A filed a motion to declare that the security and development of a child is in danger in the case of X , a five year-old child, based on the neglect and serious risk of neglect and psychological ill-treatment to which she is exposed. [ 3 ] The facts alleged in support of the motion dated November 3, 2016 are as follows: 3.1. the mother does not meet the child’s basic needs in failing to provide the child with the appropriate supervision or support, more particularly but not restrictively in that:

a) the mother has a longstanding alcohol abuse history;

b) the mother reports that she abuses alcohol on occasions but that she is not an alcoholic;

c) the mother has a history of not making proper arrangements for supervision of her children while drinking;

d) the mother has displayed aggressive behaviours in the presence of the children on two (2) known occasions;

e) the mother is diagnosed with depression, anxiety, a schizo affective disorder and borderline personality disorder;

f) the mother acknowledges that until recently, she was mixing her medication with alcohol;

g) the mother does not receive medical follow-up nor is she taking her medication;

h) the mother is experiencing significant financial difficulties and there was little food in the home;

i) concerns exist that the mother may be involved with hard drugs including crack and cocaine, however the mother denies drug use;

j) on October 23, 2016, the mother left the child and siblings at home without making proper arrangements for their supervision, there was not food in the house and the child was dirty, as a result the uncle brought the child and sibling to the home of the maternal aunt, B;

3.2. the child’s putative father is involved at times to support the mother, however, he worries that money given to her is not going towards the upkeep of the child; 3.3. the child’s putative father is not in a position to receive the child; 3.4. the child has remained in the care of the maternal aunt under immediate protective measures; 3.5. the mother wants the child and siblings returned to her care (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the child be entrusted to her maternal aunt, Ms.

B, with a possible reintegration to her mother’s care after six months, with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] The mother, assisted by Me Morin, admitted many of the facts alleged in support of the motion.

She expressed her consent to all the proposed measures. [ 6 ] The child's father is not declared on the child's birth certificate. [ 7 ] Me Fafard, on behalf of the child, made no admissions but approved of the measures proposed by the Director of Youth Protection. [ 8 ] The Director filed Exhibits D-1 to D-6 as evidence: D-1: Child’s Birth Certificate; D-2: Court Report, written by [Social Worker 1], dated December 8, 2016; D-3: Police Report, number [...]; D-4: Police Report, number [...]; D-5: Police Report, number [...]; D-6: Excerpts from the mother’s medical records from the Douglas Hospital. [ 9 ] In

summary, the mother acknowledges her alcohol abuse and its negative impact on her ability to adequately care for her children. Her situation is summarized as follow: Ms. A has serious mental health conditions which combined with her aggressivity and conflictual interpersonal relationships, appear to have a debilitating effect on her overall functioning. Further, it has undoubtedly had an impact on the children as they were exposed to some incidents.

In addition to this, there are several concerns for her ability to keep her alcohol consumption to a level that does not impact her ability to care for the children at all times. Several collaterals had revealed that she had also admitted using crack or cocaine.

Her current disposition demonstrates that her mental health and/or her substance misuse blurs her judgement, impacts her overall functioning and her parental capacity. [2] [ 10 ] She also recognizes the need to seek medical help and she is strongly encouraged to make every effort necessary to regain control of her life and meet her child’s needs. [ 11 ] The child is generally doing well and no particular issues are reported: X is a calm 5 year old girl. She is often observed to draw or do things quietly and independently. This is consistent with her classroom teacher’s observations.

X is very affectionate towards her mother and appears to have a good bond with her. Her maternal aunt expressed that she now sleeps and that her initial behaviours have resolved. She added that she is particularly caring towards her brother Y to the point where she always ensures he eats first and gets what he needs before her. As for her school.

X reportedly has no issues with getting up and ready and she enjoys attending school. [3] [ 12 ] Her placement for the time being is not disputed and her aunt is willing to care for her and to facilitate contacts with her mother, if possible. [ 13 ] Consequently, given the admissions and consent expressed by each of the parties, the Court is satisfied that the motion is well- founded and that the measures are in the child's interest.

THEREFORE, THE COURT: [ 14 ] GRANTS the motion; [ 15 ] DECLARES that the security and the development of the child, X , are in danger under sections 38 (b) (1) (iii), 38 (b) (2) and 38 (

c) of the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 16 ] ORDERS that the child be entrusted to Ms. B for a maximum period of one year with a possible reintegration to her mother’s care after six months, if the situation allows;

[ 17 ] TAKES JUDICIAL NOTICE that Ms.

B is being evaluated to become a foster family and if recognized will be compensated accordingly; [ 18 ] ORDERS that the frequency and modality of contacts between the child and her mother be determined by consent amongst the parties; if the parties are unable to agree, ORDERS that such contacts be determined by the Director of Youth Protection, including supervision if deemed necessary; [ 19 ] ORDERS that such contacts occur minimally once a week and that contacts be encouraged and gradually increased, as soon as possible, if the situation allows; [ 20 ] RECOMMENDS that the mother undergo random drug and alcohol testing at the worker’s request; [ 21 ] STRONGLY RECOMMENDS that the mother seek help for her mental health and follow through with the recommendations of her treating professionals, including taking her medication as prescribed; [ 22 ] STRONGLY RECOMMENDS that the mother address her substance use; [ 23 ] TAKES JUDICIAL NOTICE of the mother’s undertaking to take steps to deal with her alcohol abuse, more particularly to seek services from Foster Pavilion as well as her undertaking to seek medical help; [ 24 ] ORDERS that the mother refrain from consuming drugs and alcohol in the child’s presence; [ 25 ] STRONGLY RECOMMENDS that the mother work with an educator; [ 26 ] AUTHORIZES the Director of Youth Protection to share and obtain relevant information from the professionals involved with the family regarding participation and attendance; [ 27 ] ORDERS that a person working for [Centre A] provide aid, counsel and assistance to the child and her family; [ 28 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 29 ] AUTHORIZES the execution of the present order by any peace officer, if necessary; [ 30 ] THE WHOLE for a period of one year.

TAYA DI PIETRO, Q.C.J. Me Heidi Lechter Attorney for the Director of Youth Protection Me Alec Fafard Attorney for the child Me Marc Morin Attorney for the mother TD/vl