2013 QCCQ 18231, 2013 QCCQ 18231

Protection de la jeunesse — 136689 2013 QCCQ 18231 COURT OF QUEBEC Canada PROVINCE OF QUEBEC DISTRICT [...] LOCALITY […] Youth Court Division No: 760-41-004470-137 760-41-004471-135 DATE: October 25, 2013 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BEATRICE CLEMENT, J.C.Q. ______________________________________________________________________ X , born on […], 2009 Y , born on […], 2010 Children DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner -and- A -and- B JC0B11 Parents ______________________________________________________________________

JUDGMENT ______________________________________________________________________ CAUTION : The Youth Protection Act provides that within the framework of this Act, no person may publish or broadcast information allowing a child or the child's parents to be identified. Whomsoever contravenes this

article is guilty of an offence and is liable to a fine [articles 11.2.1 and 135 Y.P.A.]. [ 1 ] The Director of Youth Protection presents motions for protection concerning the siblings X and Y, born respectively on […], 2009 and […], 2010. [ 2 ] The Director cites that the security and the development of the children are in danger in reason of a situation of parental neglect on the physical plan, and abandonment.

As measures of protection, the Director recommends their implication for a period of six months, as well as that the children reside with their maternal great-grandmother. [ 3 ] The parties consign their admissions to the Court record and confirm their agreement with the conclusions sought by the Director.

The mother asks that the Court take note that she is presently residing at the same place as her children, namely with the maternal great-grandmother. [ 4 ] The Court proceeds in the absence of the father, as the evidence demonstrates that he receives service of the proceedings and is aware of the hearing. [ 5 ] ANALYSIS AND DECISION [ 6 ] The Director of Youth Protection initially evaluates the situation of the children in April 2013. [ 7 ] The evaluation reveals the following: • The mother fails to provide the basic needs for her children in her domicile; • The mother is drug and alcohol dependant; • On March 30, 2013, the mother leaves the children with their maternal great-grandmother, Ms C; • Since that time, the mother fails to provide support for the children, nor communicate her whereabouts to the great grand-mother; [ 8 ] The caseworker attempts to communicate with the mother at her domicile, without success.

Child and Family Services A apprehend the children and place them officially in the care of their maternal great grandmother. [ 9 ] The mother makes first contact with the caseworker on May 6, in regards to her welfare monies being cut. She states that she is homeless due to a recent eviction for non-payment of rent.

She confirms not being able to sustain an appropriate environment for the children, to her agreement with their placement and of her intention to seek help for her dependency problem. [ 10 ] After an assessment, the mother accepts the recommendation for an in-patient alcohol and chemical dependency program. [ 11 ] From June until August 2013, the mother successfully completes such a program with House A, a residential treatment facility. [ 12 ] Upon her discharge, she integrates her grandmother's home and continues to complete a six-week program at the Program A. [ 13 ] The mother participates fully in the measures put forth for her recovery, which include a comprehensive plan addressing her addiction issues, as well as offering support in developing her parenting and social skills.

The Court cites: A entered the program with an action plan of her own, and is working very hard to produce her plan of action in working with her children and being a positive and productive parent. A is very attentive, when with her children. Not afraid to ask questions for its full clarity to her full understanding. A involves staff in helping her to a problem solving and decision making when it involves her children or herself. The time spent with her children is of great quality.

While her present at the AFWP, A also participates in our daily Six Week Program, topic (sic) which include Domestic Violence, Daily Affirmation, Anger Management, Personal Trauma & Grief, Children's Creative Coping, Assertive & self-esteem, problem w/addiction, cooking, Cultural Class. (Progress letter from AFWP, evidence M-1) [ 14 ] The mother's difficulties are significant and contribute to her not assuming her parental responsibilities, therefore putting her children at risk. In the care of their maternal great grandmother, the children receive a coherent, constant and appropriate response to their needs.

At the present time, the parties recognize that the children's best interests dictate that they remain in this milieu. [ 15 ] The last months demonstrate the mother's will and determination to definitely address her personal difficulties. The period of measures will permit her to complete these and further pursue the acquisition of a stable and sober lifestyle. [ 16 ] The father resides in Province A. His involvement with the children is limited. He states not being able to assume custody and to being in agreement with the children remaining with Ms.

C. [ 17 ] The evidence convinces the Court that the security and the development of the children are in danger in reason of a situation of parental neglect and abandonment. As well as receiving the approval of the parties, the Court estimates that the recommendations respect the rights and the best interests, of the children.

[ 18 ] FOR THESE REASONS, THE COURT: [ 19 ] GRANTS the motions for protection; [ 20 ] DECLARES that the security and development of the children are in danger due to a situation of parental neglect (on physical plan) and abandonment; [ 21 ] ORDERS that the children be entrusted to their great-grandmother, Mrs. C; [ 22 ] TAKES ACT that the mother resides with Mrs.

C; [ 23 ] AUTHORIZES that the contacts between the children and their mother be determined upon agreement between herself and the Director of Youth Protection; [ 24 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the children and their parents; [ 25 ] THE WHOLE for a period of 6 months; [ 26 ] 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 Maryse Fournier Attorney for the mother Me Karine P. Poissant Attorney for the children Date of hearing: October 25, 2013