2017 QCCQ 17090, 2017 QCCQ 17090

Protection de la jeunesse — 177648 2017 QCCQ 17090 JA0940 QUEBEC COURT Youth Division Canada PROVINCE OF QUÉBEC DISTRICT OF [...] N° : 525-41- 032759-177; 525-41-032758-179 DATE : August 29, 2017 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X, born on [...] , 2003 Y, born on [...], 2007 THE DIRECTOR OF YOUTH PROTECTION Applicant and A , mother B , father Respondents ______________________________________________________________________ JUDGMENT (Section 38 of the Youth Protection Act ) ______________________________________________________________________ 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 ] 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 August 29 th , 2017. [ 2 ] The Director of Youth Protection (the Director) seizes Court of the situation of the children, now aged 14 and 10, alleging that their security and development are compromised due to neglect (lack of appropriate supervision and support) as well of risk of neglect.

The Director is asking that both children be entrusted to the care of their father and that aid, counsel and assistance be provided for a period of one year. [ 3 ] The father admits essentially all the facts alleged in the applications pertaining to himself and his sons. He agrees with the recommendations sought by the Director. [ 4 ] The mother admits essentially all the facts alleged in the applications. She disagrees with the account made on the incident that occurred on May 9 th , 2017. She claims she knows the impact the frequency of her alcohol and drug consumption has on her children.

She agrees with the conclusions sought by the Director but would like to have more contacts with her children. [ 5 ] Both children agree to be entrusted to their father. The adolescent has no opinion regarding the Attention Deficit Hyperactivity Disorder (ADHD) assessment requested by the Director.

CONTEXT [ 6 ] Since the parents separated in 2011, the adolescent and his young brother remained in the care of the mother. The children have kept ongoing regular contacts with their father. The parents have maintained a positive relationship and good communication. [ 7 ] The Director has been involved for many years in the life of the children. A first decision was rendered by the undersigned for a period of one year, from August 2012 to August 2013.

The children were entrusted to the care of their mother and the intervention of the Director was ordered due to risk of neglect in relation to the mother’s alcohol use. [ 8 ] Later on, from December 2015 until February 2017, various agreements on voluntary measures were signed by the parents. The security and development of the children were recognized by the parents to be compromised due to the mother having neglected their basic needs. [ 9 ] In early 2016, the mother successfully participated in two parenting programs.

Nonetheless, the mother continued to consume marijuana on a regular basis and alcohol on an occasional basis. [ 10 ] In May 2016, the mother was arrested. She was intoxicated in public. [ 11 ] Throughout the involvement of the Director, the father has shared his concerns about the mother’s substance abuse, at times months after events he was referring to. [ 12 ] In January 2017, the adolescent was facing academic challenges and exhibited certain behavioural and school issues.

It was felt that the father was in a better position to address these serious issues and the parents agreed that the adolescent should live with his father. The school has noted since a marked improvement in the adolescent’s behaviours and performance at school. [ 13 ] Despite these improvements, the professional who conducted a psychoeducational assessment of the adolescent recommended that he be assessed for a possible ADHD. The assessment has not yet been done. [ 14 ] The younger sibling has been experiencing also difficulties in school.

He failed his school year of 2016-2017. [ 15 ] In addition, two incidents occurred in the spring of 2017. On April 28 th , the mother is said to have arrived at a scheduled tutoring lesson in a visibly intoxicated state, which is denied by the mother.

On May 9 th , during a scheduled home visit, the mother was visibly under the influence of marijuana, which is admitted by the mother. [ 16 ] In mid-May 2017, the parents agreed that it would be best for the younger sibling as well to reside with the father during the week and to visit with the mother on the weekends. [ 17 ] Despite the efforts made by the mother over the years to correct the situation and to address her issues of alcohol and drug use, it appears that the situation has not been corrected. [ 18 ] The father readily admits that he uses drugs on a “recreational” basis. [ 19 ] The parents are invited to address their issues and be coherent.

When asked, both of them were clear that they would not welcome their adolescent son to use marijuana. [ 20 ] The Director has established that the security and development of the children are compromised due to neglect and risk of neglect. The measures recommended by the Director meet their needs and best interest.

AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 21 ] DECLARES that the security and the development of the children are compromised due to neglect and risk of neglect; 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: [ 22 ] ENTRUSTS the children to the care of their father, Mr.

B; [ 23 ] TAKES ACT that contacts between the children and their mother will take place between agreement between the parties; [ 24 ] RECOMMENDS that Y undergo an ADHD assessment and TAKES ACT of the consent of both parents; [ 25 ] RECOMMENDS that both parents take steps to address their own issues; [ 26 ] ORDERS that aid, counsel and assistance be provided to the children and their parents for a period of one (1) year; [ 27 ] ENTRUSTS the situation of the children to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out, 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 Liette Robillard Attorney for the children Me Marc Morin Attorney for the mother Me Katherine MacLeod Attorney for the father Date of hearing : August 29 th , 2017