2017 QCCQ 14447, 2017 QCCQ 14447

Protection de la jeunesse — 176225 2017 QCCQ 14447 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000546-173 DATE: June 7, 2017 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2008 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 serious of a risk that the child’s mother is not providing her basic needs, neglect and the mental-health problems of the mother. Her brother 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 she is duly represented. Her 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 20, 2017. [ 5 ] On March 21, 2017, the DYP had to intervene in the family considering serious allegation coming from the child. 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 cleaning in the house. Furthermore, her brother is in charge of cooking for them.

It seems that most of the time, the mother lays down or sleeps on her couch while the children do all the chores. They also witness domestic violence between their mother and the 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 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 took place in her past. [ 11 ] She denies any responsibility for her actions and in regards to her alleged addictions. She always blames another person or situation for her flaws. [ 12 ] The child is eight years old. She is described as a very inquisitive and articulate in her expression. She is happy in her foster family in which she adapted well. She declares that her mother basically does not take care of them nor does any activities with them.

She mostly sleeps or goes out with her friends, leaving them alone. [ 13 ] When she was removed, the child’s head was full of lice and they had to be removed notably by the services. The mother did not do anything about it, she was too lazy. Overall, she does not take care of her children. [ 14 ] Recently the child stated that she is not ready to go home and prefers to stay entrusted to her current foster home. She is doing well in school and having a normal life. The child fears her return into the maternal home because she will not be taken care of.

Her mother will drink again, go out with friends and her brother will have to babysit her once again [ 15 ] The visitation with the mother is not going well and she feels pressure on her part to tell her stuff. She says bad things about her father and sometimes she lies. [ 16 ] The youth protection delegate summarizes her professional observation about the mother in the psychosocial report [1] dated April 19, 2017 , as hereby described: « The family dynamics in Ms. A’s home over the years have been demanding and extremely challenging. Ms.

A has deep rooted issues and experiences that neither has begun to deal with, nor recognize. These particular issues/experiences have given Ms. A coping mechanisms that involve using lateral violence and drug abuse to numb the pain. […] 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. The behavioral patterns of addictions and domestic violence have increasingly put A’s children at risk. […] When issues are spoken of to Ms.

A she does not comprehend how her lack of role modelling and parenting skills has affected her children. She resorts to expressing all her medical needs, blaming and does not accept any responsibility for her own actions.” [ 17 ] The parents are separated since 2016. The child reports seeing her father push her mother and he also yells a lot. The father is not present in her daughter’s life. [ 18 ] Concerning the father, he has a mediocre opinion about the mother. He explains that they both use drugs while together. He says that the mother still uses drugs but lies about it or manipulates her ways.

She does nothing around the house and it happens often that she is past out in bed with a cigarette burning the pillowcase. He admits having his own issues but is willing to do whatever it takes to maintain a healthy relationship with his daughter. [ 19 ] The father collaborates with DYP and shows respect toward them. He attends all the

schedule meeting and he maintains his visits with her daughter. [ 20 ] 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. [ 21 ] 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 return 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. [ 22 ] 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: [ 23 ] GRANTS the application for protection; [ 24 ] 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 ; [ 25 ] ORDERS that the child be entrusted to a foster family designated by DYP until November 30, 2017; [ 26 ] RECOMMENDS that the child and her mother benefit from psychological counselling to deal with her personal issues; [ 27 ] RECOMMENDS that the mother participates with an addictions assessment drug/alcohol counselling as long as deemed necessary; [ 28 ] ORDERS that the child and her parents benefit from external educator services;

[ 29 ] RECOMMENDS that the mother participates in a parental capacity and psychological evaluation; [ 30 ] ORDERS that neither parent speaks negatively about the other in the presence of the child; [ 31 ] ORDERS that the child and her parents actively participate in the application of the measures ordered; [ 32 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and her family until November 30, 2017; [ 33 ] 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