2015 QCCQ 12791, 2015 QCCQ 12791

Protection de la jeunesse — 152627 2015 QCCQ 12791 COURT OF QUEBEC Canada PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Court Division No: 760-41-004805-159 760-41-004804-152 DATE: February 9, 2015 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BEATRICE CLEMENT, J.C.Q. ______________________________________________________________________ X , born on [...] , 2011 Y , born on [...] , 2012 Children DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner -and- A -and- B JC0B11 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 petitions the Court in the situation of the children X and Y , born respectively on [...] , 2011 and [...] , 2012, alleging that their security and their development are in danger in reason of physical and educational neglect. [ 2 ] As protective measures, the Director seeks a 9 month order providing various services to the children and their family, while maintaining them in their maternal environment. [ 3 ] The parents consign their admissions to the Court file.

While the mother consents to the measures in their entirety, the father asks that the Court consider a one year order. [ 4 ] The attorney for the children cites operating under a legal mandate and, after evaluating the evidence, is in agreement with the position put forth by the Director. [ 5 ] Analysis and decision [ 6 ] The children reside exclusively with their mother since the parents separate in May 2014. [ 7 ] According to the mother, during their common life, her relationship with the father is fraught with domestic violence and abuse. The father also regularly uses drugs and alcohol.

Since the birth of their first daughter X , the family moves 8 times and there is an overall unstable dynamic. [ 8 ] Following the parent’s separation in May 2014, the mother resides at a shelter for a period of approximately 2 months. In this environment, the mother demonstrates significant difficulties as to housekeeping and cleanliness. This situation reflects also on the attention given to the children, who are regularly left unattended or have their needs neglected. [ 9 ] The children are seen to have a limited diet, which little nutritional value or variation.

This is despite the mother participating, and having access to, a collective kitchen. [ 10 ] X shows developmental delays as to her language and motor skills. [ 11 ] The evidence demonstrates that the mother has recourse to a woman’s shelter on numerous occasions over the last years, in reason of domestic abuse. In this environment, the observations are consistent in regards to deficiencies in her parental abilities and response to the children’s needs. [ 12 ] The mother cooperates with the intervention.

Although she recognizes not fully responding to the challenges of her situation, she doesn’t perceive any significant impacts on her children. To the caseworker, she states being able to address her issues independently. [ 13 ] The mother seeks services to confront the challenges she faces, but consistently fails to maintain her involvement.

Although this shows a determination and resourcefulness, she requires accompaniment and support to fully realize and consolidate change towards consistently responding to her children’s needs. [ 14 ] Since the end of the parent’s relationship, the father is absent from his children’s lives. The mother refuses to allow him access to the children, in view of his history of violence. She insists that he participate in services in this regard, before she considers contacts. [ 15 ] The father resides with his mother. In the latter part of 2014, he is incarcerated, and is presently on probation.

He states wanting to be present for his children. [ 16 ] After considering the evidence, the Court concludes that the security and the development of the children are in danger in reason of educational and physical neglect. The Court endorses the measures suggested by the Director of Youth Protection, which are the reflection of the children’s best interest, while concurrently receiving the approval of the parties. [ 17 ] As to the duration of the measures, the Court hears the father briefly at the hearing, but he chooses to leave the hearing during the caseworker’s testimony.

Consequently, the Court is unable to fully appreciate his position, particularly in regards to his request for a more substantial term of measures. [ 18 ] On this issue, the Court must retain a term which corresponds to the delay required to apply these and concurrently progress to the end of the situation of endangerment. Considering the Director’s implication and the mother’s willingness to receive services, the Court considers that the suggestion of 9 months is sufficient to this end. [ 19 ] The Court determines necessary to further clarify the father’s access to the children.

Although the re-establishment of this relationship is in the children’s overall best interests, considering the father’s absence since the parent’s separation and his history of violence, supervision of eventual contacts is necessary. As stability and consistency of these contacts is also an objective, the Court renders access rights conditional to the father demonstrating his implication by meeting with the caseworker to clarify his intentions and personal situation. The order reflects these imperatives. [ 20 ] FOR THESE REASONS, THE COURT: [ 21 ] GRANTS the motions for protection;

[ 22 ] DECLARES that the security and development of the children are in danger as to a situation of neglect on the physical as well as to educational level; [ 23 ] ORDERS that the children be maintained in their maternal milieu; [ 24 ] ORDERS that the parents take an active

part in the application of the measures designed to put an end to the situation in which the security or development of the children are in danger; [ 25 ] ORDERS that the father's access be determined following mutual agreement between the parties and in the presence of a third party designated by the Director of Youth Protection and be conditional to 3 previous meetings with the Director of Youth Protection; [ 26 ] ORDERS that a person working for an institution or a body provides aid, counselling and assistance to the children and her family for 9 months; [ 27 ] ENTRUSTS the situation of the children to the Director of Youth Protection of the Centre Jeunesse A for the execution of the measures. __________________________________ BEATRICE CLEMENT, J.C.Q.

Me Caterine Caron Attorney for the Petitioner Me Johanne Leduc Attorney for the mother Me Annie Girard Attorney for the children Date of hearing: February 9, 2015