2011 QCCQ 10715, 2011 QCCQ 10715

Protection de la jeunesse — 112497 2011 QCCQ 10715 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division Nos: 640-41-001363-115 640-41-001362-117 DATE: May 26, 2011 ______________________________________________________________________ BY THE HONOURABLE JEAN-PIERRE GERVAIS, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in CITY A APPLICANT AND X, born on […], 1999 Y, born on […], 2000 CHILDREN AND A MOTHER AND B FATHER ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The applicant acting on behalf of the Director of Youth Protection is asking to declare endangered the health and security of the two children X and Y, respectively born on […], 1999 and […], 2000. [ 2 ] At the hearing, the mother is present and represented while the children are absent but can be heard through their lawyer. [ 3 ] As to Mr.

B, he is indicated as the father only on Y’s birth certificate, but he would also be X’s. [ 4 ] Although he was duly informed of the motion, he is absent at the hearing and did not appoint anyone to represent him. [ 5 ] From the evidence and from the admissions made, the Tribunal basically notes the following. [ 6 ] The Director of Youth Protection has been involved with the family for over two years now on the basis of a recurring problem that endangers the development and the security of the two children concerned. [ 7 ] For reasons that will be set out further on, the mother alone assumes responsibility for the children.

Yet she displays severe drug and alcohol abuse problems, which she has not been able to throw off despite her efforts. [ 8 ] As a matter of fact, she has reached a phase where she admits the problem but does not believe she can change it or get help to regain control over her life. [ 9 ] Practically speaking, the mother is regularly not in a condition to provide adequately for her children.

It even happens that her behaviour is inappropriate and causes prejudice to the children. [ 10 ] Indeed, it occurred more than once that, had the mother’s close relatives not reacted, there would have been no food for the children. [ 11 ] As well, it is reported that the money received for family support has, at least on some occasions, been used for drugs and alcohol and not for the children’s needs. [ 12 ] The mother’s addiction problems have further driven her into some criminal activity with the result that she often gets into trouble with the law. [ 13 ] In short, although she was given the opportunity to modify her way of life in order to regain responsibility for her children, the mother did not make the needed changes.

[ 14 ] As to the father, he lives in the same community but separately from Ms.

A; he is heavily handicapped and must use a wheelchair to move about. [ 15 ] Although he is concerned with the children’s well-being, he is in fact relatively absent from their life as he is not in a position to play a more active role. [ 16 ] As for now, the children are staying at the mother’s sister who acts as a foster family for them. [ 17 ] According to what was mentioned in Court, it is most probable that she will be considered when designing a long-term project for Y and X. [ 18 ] Everyone concerned agrees that, unless something happens, it does appear appropriate for C to keep assuming responsibility for the children. [ 19 ] Under these circumstances, it is therefore justified to allow the motion and to order the foster placement of the children. [ 20 ] FOR THESES REASONS, THE TRIBUNAL: [ 21 ] GRANTS the motion; [ 22 ] DECLARES that the security and development of the children X, born on […], 1999, and Y, born on […], 2000, are in danger; [ 23 ] ORDERS the foster care placement of the children for a period of eight months; [ 24 ] ORDERS that all the mother’s access rights be supervised by the D.Y.P. in terms of modalities, conditions and frequency; [ 25 ] ORDERS that the mother take all the necessary steps to stabilise her life in order to be able to maintain a positive relationship with her children. [ 26 ] ENTRUSTS the situation of the children to the Director of Youth Protection; [ 27 ] ORDERS the police force to collaborate in the execution of the Court orders. __________________________________ JEAN-PIERRE GERVAIS, J.C.Q.

Me Robert-André Adam Cain Lamarre Casgrain Wells Lawyers for the applicant Me Jean-Claude Latraverse Centre communautaire juridique A. Lawyers for the children Me Sarah Plamondon Lawyer for the mother Date of hearing: March 29, 2011