2015 QCCQ 16854, 2015 QCCQ 16854

Protection de la jeunesse — 158620 2015 QCCQ 16854 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000683-151 610-41-000684-159 DATE: September 3, 2015 ______________________________________________________________________ BY THE HONOURABLE JOSÉE BÉLANGER J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2005 Y , born on [...], 1999 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection A, having a place of business at [...] in Town A, district A (Quebec) [...] Applicant and A , residing and domiciled at [...] in Town B, district A (Quebec) [...] Mother and B , residing and domiciled at [...], Town C, [Province A] [...] Father ______________________________________________________________________ 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 asks the Court to declare the security or development of X, born on [...], 2005 and Y, born on [...], 1999 in danger according to

section 38 b) 2° of the Youth Protection Act . [ 2 ] If the Court concludes that the security or development of the youths is compromised the applicant asks to maintain them with their mother. [ 3 ] The youths are presents and represented by counsel. The mother is present and represented as well. She acknowledges that her adolescents' safety is compromised and agrees with the applicant's recommendations concerning the measures. [ 4 ] The father is absent. He has been served on June 24, 2015. He is not in contact with the Director of Youth Protection since April.

The mother informed him that the hearing was postponed and scheduled to proceed today. The facts [ 5 ] The Court considers the following facts as proven by preponderant evidence. [ 6 ] The parents broke up three years ago. According to the mother, they tried to reconcile a few times but no avail. The custody of the children is the main reason of the parents' conflict. At the moment no legal custody is established but the mother has taken steps to obtain the custody of her four children.

Meanwhile the parents stick to an agreement between them, which is to have the children under their care one year out of two. [ 7 ] The mother has an instability problem. She tends to move and/or to spend time between the Province of Quebec and [Province A] especially between Town B and Town C. The problem would have shown in the past three years. During those years the children live back and forth with the father or the mother.

In February 2015, the mother came back to Town B with Y and X [ 8 ] Regarding all those moves X stated that it was hard for him to start in a new school especially when you don't have any friends. He also expressed having difficulties to read and to write. The child cumulated a few days of non-attendance between February and May 2015. [ 9 ] X is tired of changing school. He has been registered at School A in Town D on February 20, 2015. [ 10 ] X is a nine years old Cree. He is registered in grade four. Academically he has some difficulties and he is on a waiting list to be assessed for learning disabilities.

He gets along with his siblings and usually respects others. However he sometimes has temper tantrums in the school environment. The youth likes his school and does not want to move anymore.

[ 11 ] As for Y she is a 15 years old Cree. She has low motor skills, which doesn't seem to represent a problem for her. At school she follows a modified academic program in secondary three with learning support for her special needs. Academically she is succeeding even if writing is difficult for her. She also missed several days of school this year. [ 12 ] Y has a diagnosis that confirms the presence of an Autism Spectrum Disorder. Her symptoms would be in the areas of social communication and adaptation among others. [ 13 ] As for X, Y has friends and gets along with her siblings.

She is also respectful towards others. [ 14 ] Y prefers to live in Town B with her mother and to go to school in Town D. [ 15 ] The Director of Youth Protection tried to get in touch with the father but without success. He does not collaborate with him. [ 16 ] The father is domiciled and resided in Town C, [Province A]. [ 17 ] According to the information gathered by the Director of Youth Protection, the father tends to leave home for days letting the children alone under the supervision of stepbrothers who are teenagers or young adults.

According to Y when she was under her father's care he would leave every weekend and was drinking all the time. X doesn't seem to be perturbed by the situation. [ 18 ] The father also struggles with an addiction to alcohol for several years now. He would have tried about six times to complete a detox program but no avail. Decision [ 19 ] According to the Director of Youth Protection the mother was not agreeing with the problem of instability.

Now she realizes that even if she can explain that instability (example: looking for a job or a house) it is still instability. [ 20 ] The mother has good parental capacities, wants to stay in Town B and receive help. She can count on her mother's help who agrees to stay in Town B as well. The mother has a good bond with her children. [ 21 ] On the other hand the mother heard from the Town C Band Council that a housing project was in progress. If she has an opportunity she would like to move to Town C with her children. [ 22 ] Until now it was very difficult to work with the mother because of her instability.

However during the evaluation process the Director of Youth Protection raised the mother's awareness of the importance to plan and organize trips and moves in the children's best interest. [ 23 ] The mother agrees to tell the Director of Youth Protection two weeks in advance if she moves to another location.

As long as the mother stays in the Quebec jurisdiction the Director of Youth Protection agrees to work with her and the children. [ 24 ] As for the father he still refuses to collaborate with the Director of Youth Protection. [ 25 ] The analysis of the situation highlighted the existence of school difficulties partly related to the instability experienced by the children.

The evidence shows in a preponderant manner that those children need stability and that the mother needs help and support to ensure them this stability. [ 26 ] In order to see how and where the mother will stabilize her situation the Court orders different measures until October 21, 2015 only. [ 27 ] The evidence is preponderant that the children's security or development is compromised according to

section 38 b) 2° of the Youth Protection Act . [ 28 ] The applicant's recommendations concerning the measures are reasonable, appropriate and in the children's best interest. For these motives the Court: [ 29 ] Grants the motions; [ 30 ] Declares that the security or development of X, born on [...], 2005 and Y, born on [...], 1999 is compromised according to

section 38 b) 2° of the Youth Protection Act ; [ 31 ] Orders the following measures until October 21, 2015; [ 32 ] Orders that the children be maintained with the mother; [ 33 ] Orders the mother to report periodically to the Director of Youth Protection to inform him of the situation once a week; [ 34 ] Maintains the personal relationship between the father and the children; [ 35 ] Orders the mother to ensure that the children will go to school on a regular basis and to register them in school; [ 36 ] Takes judicial notice of the mother's consent and Orders the mother to inform the Director of Youth Protection at least two weeks in advance of any moves, relocation project or job opportunity; [ 37 ] Orders the mother to participate actively in the application of the measures;

[ 38 ] Orders the children to go to school on a regular basis; [ 39 ] Orders that a person working for an institution or body provides aid, counselling and assistance to the children and the parents; [ 40 ] Recommends that Anishinaabe Abinoojii Family Services collaborates with the Director of Youth Protection in Quebec; [ 41 ] Orders any police body to collaborate for the purpose of executing this enactment; [ 42 ] Entrusts the children's situation to the Director of Youth Protection who shall then see that the measures are carried out. __________________________________ Josée Bélanger, J.C.Q.

Me Julie Lemire, attorney for the Director of Youth Protection Me Peggy Warolin, attorney for the children Me Sébastien Lebel, attorney for the mother Date of hearing: July 10, 2015