2011 QCCQ 13256, 2011 QCCQ 13256

Protection de la jeunesse — 114391 2011 QCCQ 13256 CANADA PROVINCE OF QUEBEC District of [...] JJ0296 COURT OF QUEBEC YOUTH DIVISION N°: 525-41-024905-119 N° : 525-41-024904-112 DATE: September 14, 2011 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE ANN-MARIE A, J.C.Q. ______________________________________________________________________ Director of Youth Protection of Batshaw Youth and Family Centres Applicant - and - X Born on […], 2002 - and - Y Born on […], 2010 - and - A - and - B (Y’s father) Respondents ______________________________________________________________________ JUDGEMENT

Section 38 Y.P.A. ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act , no person may publish or broadcast information allowing 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. [Y.P.A. sections 11.2.1 and 135] [ 1 ] The Court hereby confirms and gives the reasons for a decision rendered verbally at the hearing of September 14, 2011, in accordance with the requirements of

section 90 of the law. [ 2 ] The Court was presented with two motions by the Director of Youth Protection to have the security and development of the children declared compromised under

section 38, paragraph b) 2) and

c) of the Youth Protection Act . [ 3 ] The principal facts alleged in support of the motions are the following: • There has been incidents of domestic violence between the mother and her partner; • The situation of the children had been signalled on two separate occasions in July and November, 2010 for similar situations. On both occasions the signalements were not retained after evaluation; • On July 27, 2011, the mother physically assaulted her partner; • Y was present in the home at the time of the incident; • The mother was arrested and charged with assault and there is, amongst other conditions in the criminal court, a prohibition of

contacts between the mother and Mr. B; • On July 28, 2011, the mother was released after signing the conditions; • On July 29, 2011, Mr. B went to the maternal aunt’s home, where the children were staying and took them back to the home where the mother was also present; • The mother was again arrested for breaching her conditions; • On July 29, 2011, immediate protective measures were invoked and the children were placed in a confidential foster home; • On August 1, 2011, the court granted an extension of the immediate protective measures; • Ms.

C has a good relationship with the children and the Court entrusted the children to her care on August 2011; • The mother is presently in the home and Mr. B is living at his grandmother’s home, Ms. C. [ 4 ] The Director of Youth Protection recommends that the children be entrusted to their mother’s care and that a social follow-up be maintained with the family for the period of one year. [ 5 ] The mother and Mr. B admit the majority of the facts alleged in the motions and consent to the recommended measures. [ 6 ] The mother's conditions were modified and the prohibition of contacts with Y was lifted.

The mother agrees to participate in an anger management program and to attend a program for substance abuse. [ 7 ] Counsel for the children considers that it is in the children's best interest to be entrusted to their mother’s care, but on the condition that the mother address for her drinking problem. [ 8 ] The Court also read the reports the Director filed as proof of the children’s situation. The evidence reveals that the mother was incarcerated following an incident of conjugal violence.

It is important to note that the mother has taken the appropriate steps to seek services through Pavillon A to address her drinking problem and that she as begun an anger management treatment. [ 9 ] The mother's substance abuse assessment was done by Ms. [Social Worker 1], Toxi-Court Liaison, on September 1, 2011. The

summary and recommendations read as follows: Apresented as polite, cooperative and motivated. She is committed to regaining custody of her children and getting her family back together. She self-reports abstinence since July 27, 2011. She has already attended 3 Head Start groups (1.5 hour group, once weekly), and is on the waitlist for our Recovery Management group. According to the group leader, A is engaged and participates actively during group.

The usual duration of the Recovery Management group is between 8-13 weeks, and X’s time in treatment will be finalized depending on her progress, and how long she has to wait to begin the group. Treatment will be coordinated with the DYP. [ 10 ] Under the circumstances, it is in the children’s best interest to be entrusted to their mother’s care with a social follow-up for a period of one year. The mother must address her drinking problem in order to be able to meet her children’s needs. The children are very young and are attached to their mother and Mr. B.

They need to grow up in a stable environment exempt of violence. [ 11 ] The evidence and the admissions made have convinced the Court that the security and development of the children are compromised. [ 12 ] THEREFORE, THE COURT: [ 13 ] GRANTS the motions; [ 14 ] DECLARES compromised the security and development of the children, X and Y; [ 15 ] ORDERS that the children be entrusted to the care of their mother; [ 16 ] ORDERS that the mother attend and complete a program for anger management; [ 17 ] ORDERS the mother to attend and complete a program for substance abuse; [ 18 ] RECOMMENDS that the father receive counselling to address his experience has a victim of conjugal violence; [ 19 ] ORDERS that the parents ensure that the children are not exposed to any forms of physical or verbal violence; [ 20 ] ORDERS the parents to ensure that the children are not exposed to any drug or alcohol use; [ 21 ] ORDERS the mother to undergo random drug testing; [ 22 ] TAKES JUDICIAL NOTICE that the mother agrees to undergo random drug testing; [ 23 ] ORDERS that DYP be allowed to communicate with all treating professionals involved with the family; [ 24 ] ORDERS that the parents collaborate with DYP and meet with the youth workers upon request; [ 25 ] ORDERS that aid, counsel and assistance be provided to the children and their family for a period of one year;

[ 26 ] ENTRUSTS the situation of the children, X and Y, to the Director of Youth Protection of Batshaw Youth and Family Centres, who shall see that the measures are carried out; [ 27 ] ORDERS the execution of the present order by any peace officer. Signed on September 16, 2011 Ann-Marie A, J.C.Q. AMJ/dg Me Myriam DeBlois (Counsel for the D.Y.P.) Me Alec Fafard (Counsel for the children) Me Josée Lefebvre (Counsel for the mother) Date of hearing: September 14, 2011