2017 QCCQ 10877, 2017 QCCQ 10877

Protection de la jeunesse — 174377 2017 QCCQ 10877 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] “Youth Division” N° : 525-41-031905-169 DATE : May 5, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2011 child and A mother ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act (R.S.Q. c. P-34.1) and order of interim measures ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on May 5, 2017. [ 2 ] The Director alleges that the child’s basic needs are not met.

The Director also alleges that there is a serious risk that the child’s basic needs are not met. [ 3 ] On January 17, 2017, the Tribunal placed the child in a foster family on a temporary basis. [ 4 ] On February 14, 2017, the Tribunal granted the mother’s request to postpone the hearing and maintained the child’s placement until the main hearing. [ 5 ] Today, the Director proposes that the child be entrusted to a foster family and that support measures be provided for a period of nine months. [ 6 ] The mother still wish for the child to be returned to her care.

She took steps to enter a rehabilitation treatment centre in [Country A]. This treatment is scheduled to start on May 8, 2017. [ 7 ] All parties agree for the Court to declare that the child’s security or development is compromised today and to postpone the hearing on the applicable measures to another date.

Context and Analysis [ 8 ] From February 18, 2014 until August 18, 2014, the child’s situation was followed by the Director of Youth Protection under a Voluntary Measures Agreement as the child was exposed to violence and the mother was experiencing instability. [ 9 ] From December 8, 2014 until December 8, 2015, the child’s situation was followed by the Director of Youth Protection following the decision of the Honourable Judge Guy Lecompte. [ 10 ] On August 27, 2015, the mother underwent a parenting capacity assessment.

[ 11 ] Mr. B, the mother’s ex-partner and the maternal grandmother reported to the youth protection worker that the mother had gambling and drug consumption issues, which the mother first denied. The mother has struggled with such issues in the past.

On December 15, 2016, the mother acknowledged to the police that she still had gambling issues. [ 12 ] On November 29, 2016, the mother’s random drug test came back as positive for marijuana. [ 13 ] The mother did not register the child in school and daycare for the 2016-17 school year. [ 14 ] The mother has missed mandatory school meetings for the child, who is deaf and has cochlear hearing implants. [ 15 ] The mother has been struggling financially. She receives support from C. The mother refuses to go on welfare and borrows money from people in the community.

The mother has mentioned that she would like to leave with the children for [Country B] as she owes too many people money. [ 16 ] The mother has been neglecting the child’s basic needs (food). [ 17 ] The mother has left the child with various caregivers. [ 18 ] In June 2016, when she was evicted from her home, the mother left the child and his brother with Mr. B while she tried to stabilize her own situation. [ 19 ] During a certain period, the mother resided with Mr. B and the children as she did not have another place to reside. During that time, the child was exposed to conflicts between the mother and Mr.

B. [ 20 ] On December 15, 2016, the mother reported to the police that, since the last four months, she was sexually assaulted by Mr. B on numerous occasions. Each time she was sleeping at his house, Mr. B would made sexual advances towards her, having intercourse, without her consent, in the same room where the child and his brother were sleeping. [ 21 ] From the week of December 12, 2016 to January 16, 2017, the mother resided in a shelter. [ 22 ] Since January 16, 2017, the mother stated that she moved into her own apartment. [ 23 ] On numerous occasions, Mr.

B has resorted to physical discipline towards the child’s older half-sibling. On January 13, 2017, immediate protective measures were invoked. The child was placed in a foster family. [ 24 ] On January 17, 2017, the Tribunal placed the child in a foster family on a temporary basis. [ 25 ] On February 14, 2017, the Tribunal granted the mother’s request to postpone the hearing and maintained the child’s placement until the main hearing. [ 26 ] The mother was not consistent in her visits with the children.

She voluntarily accepted to participate in an intensive rehabilitation in-patient treatment program. [ 27 ] The child has been doing well within his foster family. THEREFORE AND FOR THESE REASONS, THE COURT: [ 28 ] DECLARES that the security or the development of the child is endangered ( sections 38 b) 1 o i, b) 1 o ii, b) 1 o iii and b) 2 o of the Youth Protection Act ); [ 29 ] SETS the continuation hearing under

section 38 of the Youth Protection Act on September 19, 2017 in room 2.08 in front the undersigned for a duration of half-a-day; [ 30 ] In the meantime: [ 31 ] ORDERS that the child be entrusted to a foster family; [ 32 ] TAKES ACT that the Director of Youth Protection intend to maintain the child in the same foster family; [ 33 ] ORDERS that the frequency and modalities of contacts between the child and his mother be determined by the Director of Youth Protection and TAKES ACT of the Director of Youth Protection intention to maintain the weekly contacts if the situation allows when the mother is back in City A; [ 34 ] PROHIBITS any contact between the child and Mr.

B; [ 35 ] ORDERS the mother, as she had agreed, to undergo random drug testing at the request of the worker; [ 36 ] STRONGLY RECOMMENDS that the mother participate in a professional therapeutic process to address her addictions and TAKES ACT of the steps that the mother is taking; [ 37 ] ORDERS that the child medical health needs are met in a timely manner specially any issue regarding the hearing and cochlear implant of Yaacov; [ 38 ] STRONGLY RECOMMENDS the mother to follow through on the recommendations stemming from her parental capacity assessment done by Ms. D;

[ 39 ] ORDERS the mother to collaborate with the Director of Youth Protection and meet with the worker when requested; [ 40 ] ORDERS that the Director of Youth Protection be authorize to share and obtain relevant information with any professional treating with the family; [ 41 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the child and his family; [ 42 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Signed on May 11, 2017 /cd Mtre Isabelle Loranger Counsel for the Director of Youth Protection Mtre Marie-Josée Ayoub Counsel for the child Mtre Josée Lefebvre Counsel for the mother Date of hearing: May 5, 2017