2017 QCCQ 14446, 2017 QCCQ 14446

Protection de la jeunesse — 176224 2017 QCCQ 14446 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000545-175 DATE: June 7, 2017 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2004 Child -and- A -and- B Parents ______________________________________________________________________ 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 Director of youth protection (DYP) asks the Court to declare that the security and development of the child is in danger according to

section 38 b) 1), 38 b) 2 and 38

c) of the Youth protection Act , notably because of a serious of a risk that the child’s mother is not providing his basic needs, neglect and the mental-health problems of the mother. His sister is aimed by the same application. [ 2 ] At the hearing, the mother is present but not represented. She admits generally the facts and agrees with the measures proposed by the DYP. [ 3 ] The child is absent but he is duly represented. His counsel also expresses his consent with the facts and the recommendations of DYP.

Moreover, both parties agrees to the filing of the report to value as testimony of its author. [ 4 ] The father is not present during the hearing, even though he was duly served on April 19, 2017. [ 5 ] On March 21, 2017, the DYP had to intervene in the family considering serious allegation made by his sister. Mainly, it appears that both children were basically taking care of themselves. At that time, an emergency measure was applied and the child was entrusted to a foster family. [ 6 ] The measures were extended for an additional five days.

On March 30, 2017, provisional measures were ordered for another thirty days until May 3, 2017. Once again they were extended until the present inquiry. [ 7 ] The family is well-known by Social services. In the past, the children were placed in foster care on a voluntary basis. Through the years, the mother received several professional services. [ 8 ] It is reported that there is barely any food in the house. The child does all the cooking for them. Furthermore, his sister does all the cleaning in the house.

It seems that most of the time, the mother lays down or sleeps on her couch while the children do all the chores. In fact. They also witness domestic violence between their mother and men she was dating or seeing. [ 9 ] When the mother was met by the youth protection delegate, she had a slurred speech and was very hard to understand. She was complaining about all her health issues. [ 10 ] The child is thirteen years old. He is described as calm, polite and articulate. He is able to share what he is feeling and about what was going on at home. Mostly his mother sleeps and does very little with them.

He is pleased to learn that he will return to his latest foster home.

[ 11 ] At the beginning of the measure taking by DYP, the child refused to have contact with his mother. Recently he stated that he does not wish to return into his maternal home and wishes to stay with his foster family. Despite his visitations it goes well with the mother, he stills maintains that position of remaining in his current family. [ 12 ] The mother has many issues. She explains all her diagnoses and it seems unreal at some point.

Mostly she is incoherent and disoriented in time while speaking about events that happened in her past. [ 13 ] She denies any responsibility for her actions and in regard to her alleged addictions. She always blames another person or situation. [ 14 ] On the father’s side, he has an open relationship with his son’s. He can see him whenever he wants. He is aware that his son has too much responsibility on his hands at his age.

He does not have a good opinion towards the mother. [ 15 ] The youth protection delegate summarizes her professional observation about the mother in the psychosocial report dated April 19, 2017, as hereby described: « Ms. A is most often scattered in her thoughts, very difficult to follow in her thoughts of expression and seems to be under the influence of pain medications. [1] ” [ 16 ] The children are vulnerable. They need a secure environment, stable and without violence in order to have a normal development and to reach their full potential. They must reside in a place where they feel protected.

For the time being, the mother cannot provide such things. [ 17 ] However, the mother is willing to work on her issues and collaborated with the services. She wants to do whatever it takes for her children to be returned to her home. In order to achieve that, she has to demonstrate consistency and structure in the household and certainly improve her parenting skills. In fact, she will have to be more preoccupied in the future with her children’s needs. [ 18 ] The evidence demonstrates that the security and development of the child is in danger.

Under the circumstances and considering the admissions and consents of the parties, the application is well founded. The suggested measures appear to be in the best interest of the child. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 19 ] GRANTS the application for protection; [ 20 ] DECLARES that the security and development of X are in danger according to

section 38 b) 1), 38 b) 2) and 38

c) of the youth protection act ; [ 21 ] ORDERS that the child be entrusted to a foster family designated by DYP until November 30, 2017; [ 22 ] RECOMMENDS that the child and his mother benefit from psychological counselling to deal with her personal issues; [ 23 ] RECOMMENDS that the mother participate with an addictions assessment drug/alcohol counselling as long as deemed necessary; [ 24 ] ORDERS that the child and his parents benefit from external educator services; [ 25 ] RECOMMENDS that the mother participate in a parental capacity and psychological evaluation; [ 26 ] ORDERS that the child and his parents actively participate in the application of the measures ordered; [ 27 ] ORDERS that a person working for an establishment provides aid, counsel and assistance to the child and her family until November 30, 2017; [ 28 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Cédric Leblanc Falardeau for the child Mrs. A the mother Mr. B

the father (absent) Date of hearing: June 7, 2017 Written judgment filed on June 26, 2017