2014 QCCQ 14881, 2014 QCCQ 14881

Protection de la jeunesse — 143124 2014 QCCQ 14881 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001597-134 640-41-001599-130 640-41-001598-132 640-41-001600-136 DATE: July 17, 2014 ______________________________________________________________________ BY THE HONOURABLE JOSÉE BÉLANGER J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on […], 1998 Y , born on […], 2000 Z , born on […], 2002 A , born on […], 2004 SOCIAL WORKER 1 , Youth Protection worker, duly authorized by the Director of Youth Protection of the Cree Board of Health and Social Services A, working in Town A, district A (Quebec) […] Applicant C , residing and domiciled in Town B, district A (Quebec) […] Mother and D , residing and domiciled in Town B, district A (Quebec) […] Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 applicant asks the Court to review its decision rendered on August 27, 2013. On that date, the Court declares that the security or development of the children was endangered pursuant to sections 38 b) 1° (i); b) 1° (iii); b) 2° and

c) of the Youth Protection Act. The children were entrusted to their mother and stepfather E. Other measures were ordered for a period of 12 months. [ 2 ] The applicant asks the Court to entrust the children to a foster home for a period of six months and for Y and A only to be reintegrated with their father after three months if the situation allows it. [ 3 ] The mother is absent. According to Mrs [Social Worker 1] the mother received a copy of the motion on April 8, even if she didn't sign the receipt of serving. On April 16, she told the mother the date of the hearing. On April 30, the parents didn't show up at the hearing pursuant to

section 79 of Youth Protection Act . She doesn't know the mother's whereabouts. [ 4 ] This hearing proceeds in the mother's absence. [ 5 ] The father is present and represented by a lawyer. He admits that the security or development of the children is still compromised pursuant to the law. He agrees with the Director of Youth Protection's recommendations. [ 6 ] All the children are presents and represented by their lawyer. There is an admission that their security or development is still endangered pursuant to the law. X agrees with the Director of Youth Protection's recommendations.

Z would like to be entrusted to her mother but if it is impossible she agrees to be entrusted to a foster home. Y and A would like to be entrusted to their father but if it is impossible to a foster home. [ 7 ] The Court considers that the following facts as proven by preponderant evidence. The facts [ 8 ] On April 8, 2014 the Court entrusted Y and A to their father. As for Z she was entrusted to a foster home for a period of thirty days. [ 9 ] On April 16, 2014 Judge Chabot entrusted X and B (the baby) to his mother with other specific measures pursuant to

section 76.1 of the Youth Protection Act. [ 10 ] Those following measures are:

Entrusts the child to her mother under the following conditions: • The mother cannot consume alcohol during the proceedings; • The mother cannot put the child in the presence of people under the influence of alcohol; • The mother cannot have B babysat by a person except if this person is preauthorized by the Director of Youth Protection or one of its representatives; • The mother will have to report once a week to the social worker in order to inform her of your situation and B's situation (except during the Goose break, the mother may leave with the child to go in the bush); Orders that aid, counselling and assistance be provided to the child and her family during the proceedings; Authorizes unannounced visits at the mother's place; Orders the mother to inform the Director of Youth Protection of her date of departure to the bush and to inform them upon her arrival and if the mother has to leave the community for a few days to inform them before when she comes back from the community, to know where is B; Entrusts the child's situation to the Director of Youth Protection; [ 11 ] On May 30, 2014 the Court entrusted X to a foster home for a period of 30 days.

The mother [ 12 ] Since August 2013, the mother had moved to Town B with Mr E. Their relationship has ended in September 2013. The mother was kicked out from Mr E' home and was homeless in Town B along with her children. [ 13 ] In January 2014, the mother gave birth prematurely. The father is undeclared. [ 14 ] The mother admitted drinking while she was pregnant. It was in October 2013, in Town C while she was escorting her daughter for medical appointments. [ 15 ] The mother was in Town C from November 2013 to January 2014.

She was in contact with her children from time to time and sent them some gifts. [ 16 ] During that period of time A was under the care of her paternal grandmother. The other children were under the care of their maternal grandmother. [ 17 ] The mother has nine other children. Two of them are adults. [ 18 ] On January 28, 2014 there was a signalement concerning the security of the baby B and the fact that the mother was considered homeless in Town B. [ 19 ] The youth protection worker did two home visits.

At that time the mother was determined to attend a Christian counselling and see her social worker on a regular basis. She planed also to spend six weeks in the bush with the children at her parents' traditional camp. [ 20 ] On April 2, a signalement was made concerning the fact that the mother left the children with her 17 years old daughter while she was drinking in the community. The children were placed under immediate emergency measures. [ 21 ] On April 5 and 6, the mother was seen intoxicated in the community. [ 22 ] On April 8, the Court entrusted A and Y to their father and Z to a foster home.

X refused to live with his father. On April 16, he was entrusted to his mother with very specific orders. The mother did not respect all of these orders. [ 23 ] On April 21, the mother asked the Director of Youth Protection to provide her groceries. This request was refused as the mother had once said she could provide food to her children. [ 24 ] The mother receives an allowance (1 500 $/month) income security (800 $/month) and Quebec family allowance (250 $/month). According to her she pays her truck and internet (670 + 60 $/month).

She doesn't pay anything for the children. [ 25 ] On May 16, 2014 a signalement was made about the mother who left the house on May 15. Her whereabouts were unknown. [ 26 ] The Youth Protection worker went to the mother's house. A niece was there with two other children. Y (the mother's daughter) was there with her child and X. [ 27 ] According to the niece it was Y who was taking care of the children. However the worker found out that she was taking a nap. According to her it was X who was babysitting. X was also sleeping.

There was not much food in the house. [ 28 ] On May 16, the mother came back to her house and was intoxicated. [ 29 ] At that moment X and the baby were already entrusted to a foster home. When she learned that the mother left and her whereabouts were unknown.

[ 30 ] On May 21, the mother came back highly intoxicated. On May 22, she was also drinking. [ 31 ] On May 23, she didn't show up at her appointment scheduled with the Youth Protection worker. [ 32 ] Up to now the mother's collaboration with the Director of Youth Protection is very irregular. [ 33 ] On May 30, the mother came in Town C for the Court hearing. She came to the Courthouse but left before the hearing started. She was with Mr E. According to Mr E' Facebook they had some beers in Town C. [ 34 ] The mother and Mr E have an unstable relationship tainted by violence and alcohol.

They both have an alcohol addiction problem. [ 35 ] The mother is living at her parents' home in a five room house crowded with at least twenty-two peoples. The family doesn't want to be involved in the mother's life. The mother has been evicted three times from different places. The father [ 36 ] The father quit drinking when his third child was an infant. His relationship with the mother was shaky. [ 37 ] The father had a full time employment in the community. Many times he found the home unclean and the children unsupervised.

He ended up his relationship with the mother in 1999. [ 38 ] He paid child support (1200/month) for over ten years until March 2013 due to being unemployed. [ 39 ] Since his separation with the mother he had other relationships that had ended because of alcohol abuse and violence. The father has prior convictions concerning violence. [ 40 ] The father admits his alcohol consumption but says it cut it down. [ 41 ] He expects a job as a truck driver for the Town B. He doesn't drink when he works. For the time being he doesn't receive any allowance. His girlfriend is paying for everything.

She has five children on her own. [ 42 ] On May 23, Y was at his mother's home instead of his father's. He was not at school. [ 43 ] On May 27, the Youth Protection was informed that Y and A were again at their mother's home instead of their father's. The father admitted that he had no food for his children and that is why he sent them at their mother's. The Youth Protection workers noticed that the father's house was messy. He asked them to provide him groceries. Emergency measures were taken to entrust the children to a foster home. The children • X [ 44 ] He is a 16 years old teenager.

Since his birth the Youth Protection is involved in his life. [ 45 ] When he was five months old a signalement was made to the Youth Protection for physical abuse by the father. The youth also witnessed scene of conjugal violence between his parents. [ 46 ] All his life he was entrusted to different foster homes. In the last year he rarely attends school. [ 47 ] It seems that he is doing well in his foster home even if his attendance in school is irregular. [ 48 ] The youth states that he has a good relationship with both parents. • Z [ 49 ] She is a 12 years old youth.

She was three months old when the Youth Protection received the first signalement because of her parents had left her unattended while they were drinking. [ 50 ] She also witnessed scene of conjugal violence between her parents. [ 51 ] She was entrusted to different foster homes. [ 52 ] She is currently in a stable foster home. She has a problem when it comes to respect the rules at home and school. [ 53 ] She states missing her mother and that she has a good relationship with her.

She says having no relationship with her father. • Y [ 54 ] He is a 13 years old teenager. [ 55 ] As for his siblings he was entrusted to different foster homes during his life. His school attendance is poor. • A [ 56 ] She is nine years old. Since she is one month old the Youth Protection is involved on and off in her life.

[ 57 ] On June 2011, she was found outside sleeping naked, tired and very dirty. An evaluation for sexual abuse has been done by the police and the Youth Protection but without success. According to the youth it was her maternal grandfather. [ 58 ] She is entrusted to a foster home. She attends school and her behavior is good. [ 59 ] A states that she misses her mother but doesn't have a close relationship with her. She has a very close relationship with her father.

Decision [ 60 ] The evidence is preponderant that the security or development of all the children is still endangered and that both parents are still facing the same personal issues that makes any reintegration impossible. [ 61 ] The evidence is also preponderant that those children need stability.

Their situation must be stabilized as they were already entrusted to many too foster homes all their life. [ 62 ] The Director of Youth Protection must provide them a permanent life project as soon as possible. [ 63 ] Considering the evidence as a whole including the admissions from the parties the Court concludes that the security or development of all the children is still endangered pursuant to the law and that the measures recommended by the Director of Youth Protection are reasonable and in the children's best interest.

For these reasons the Court: [ 64 ] Grants the motion; [ 65 ] Maintains that the security or development of X, born on […], 1998, Y, born on […], 2000, Z, born on […], 2002 and A, born on […], 2004 is still endangered for the reasons that were already decided by the Court; [ 66 ] Orders the following measures for a period of six months; [ 67 ] Orders that all children be entrusted in a foster home and in the case of Y and A to be reintegrated with their father after three months if the situation allows it; [ 68 ] Orders that the contacts between the children and the parents be supervised by the Director of Youth Protection as for the modalities, the frequency and the length; [ 69 ] Orders that the parents remain sober in the presence of their children; [ 70 ] Recommends to the mother to have a psychological assessment regarding parental capacities; [ 71 ] Takes judicial notice of the consent of the father and Orders him to engage himself in a therapeutic process regarding alcohol abuse and anger management, including treatments; [ 72 ] Orders that all the children attend school on a regular basis; [ 73 ] Recommends that the mother seeks help for alcohol abuse, including treatments; [ 74 ] Orders that a person working for an institution or body provides aid, counselling and assistance to the children and the parents; [ 75 ] Orders both parents to actively participate and collaborate in the application of the measures ordered by the Court; [ 76 ] Recommends the father to keep his house clean during the proceeding; [ 77 ] Recommends the father to make efforts to maintain a job and stabilize his financial situation; [ 78 ] Orders the Director of Youth Protection to proceed with unannounced visits at the mother's and father's residence; [ 79 ] Takes judicial notice that the Director of Youth Protection will proceed to a clarification of a permanent life project for all the children; [ 80 ] Orders any police body to collaborate for the purpose of executing this enactment; [ 81 ] Entrusts the situation of X, Y, Z and A to the Director of Youth Protection A who shall then see that the measures are carried out.

__________________________________ Josée Bélanger, J.C.Q. Me Gabriel Gaudreault, attorney for the Director of Youth Protection Me Yan Massé, attorney for the children Me Ratha Heang, attorney for the father Date of hearing: June 3, 2014