2015 QCCQ 19927, 2015 QCCQ 19927

Protection de la jeunesse — 157270 2015 QCCQ 19927 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000673-152 610-41-000674-150 610-41-000675-157 610-41-000676-155 DATE: September 8, 2015 ______________________________________________________________________ BY THE HONOURABLE JOSÉE BÉLANGER J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2010 Y , born on [...], 2009 Z , born on [...], 2012 A , born on [...], 2006 [interveneer 1] , Youth Protection worker, duly authorized by the Director of Youth Protection exercising her profession at the Centre intégré de santé et des services sociaux A, having a place of business at [...] in City A, district A (Quebec) [...] Applicant and A , residing and domiciled at [...] in City B, district A (Quebec) [...] Mother and B , residing and domiciled at [...] in City B, district A (Quebec) [...] 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 [...], 2010, Y, born on [...], 2009, Z, born on [...], 2012 and A, born on [...], 2006, in danger pursuant to sections 38 b) 1° iii, b) 2° and

c) of the Youth Protection Act . [ 2 ] If the Court reaches that conclusion the Director of Youth Protection asks as one of the measures to entrust X, Y and Z to their father for nine months. As for A he asks the Court to entrust her to a foster family for nine months as well. [ 3 ] The father is present and represented by counsel. He acknowledges that the security or development of his children is in danger pursuant to the Law. He agrees with the Director of Youth Protection's recommendations concerning the measures. [ 4 ] The mother is absent but represented by counsel.

The counsel files on M-1 a letter from the mother. She explains that she cannot attend Court because of illness. She agrees with the Director of Youth Protection's recommendations to entrust the children to the father. She adds as well that she will attend a detox center in the next few days. The counsel states that he has a clear mandate to represent his client. [ 5 ] Y and A are present. All the children are represented by counsel. The facts [ 6 ] The Court considers the following facts as proven by preponderant evidence. [ 7 ] Since June 2013, Social Services are involved in this family situation.

Agreements on voluntary measures were signed by the parents mainly because of the risk of neglect of the children due to the parents' addiction problem (drug and alcohol), their own history of unresolved neglect and conjugal violence. [ 8 ] On May 13, 2009, Social Services intervened for similar reasons in A's situation. [ 9 ] Even though the parents received over the years, therapeutic treatments for their alcohol and drug addiction, the problem is still unresolved.

[ 10 ] In April 2014, the parents ended their relationship. The mother had the custody of the children. [ 11 ] However the mother has been experiencing drug abuse problem (marijuana and speed). On May 9, 2014, the mother asked for help as she was seeing bugs in her house and had scars on her body. The children were entrusted to the father for the weekend to let the mother clean the house and go to the emergency to have someone look at her scars. People went to check the house for bugs but they had not seen any. The mother was in bad physical condition and had shaved her head.

She then admitted using drugs again. [ 12 ] On May 14, the exterminator went to the mother's house and found bugs; the house was cleaned. The mother mentioned wanting to go to a detox center. [ 13 ] On August 18, the mother had completed a rehabilitation program. She wanted to have some follow-up from Centre Normand as well. The mother got her children back. [ 14 ] In September, while on a phone discussion with the father the Youth Protection worker noticed that he seemed to have been drinking.

The father brought back his daughters at the mother's house. [ 15 ] In November, while visiting the mother at her place the Youth Protection worker noticed that she had scratches on her neck and had shaved her head. She reported to the worker a situation where the father got violent with her in front of the children. The mother admitted she had relapsed twice since she got back from detox. However she had someone babysitting the children on those two times. [ 16 ] On December, the police had to intervene at he mother's house.

The police noticed the she was sober but that there was some cannabis on the kitchen counter, a torch and beers in the bathroom. The children were with their father. The mother admitted to the Youth Protection worker that she was smoking cannabis once and a while. [ 17 ] In January, the father informed the Director of Youth Protection that the mother did not quit using drugs (cocaine and speed) since she got back from detox. The father asked the Director of Youth Protection's help to have the children back as the familial house as well. In February, the mother filled out an assessment for a long-term therapy.

She was then using marijuana every day, alcohol, cocaine and speed. [ 18 ] On April 19, a Youth Protection worker had to intervene at the mother's house. He had received information mentioning that the children were left unattended and that the mother would be using amphetamines (speed). The mother had an incoherent language and she was mentioning seeing bugs everywhere (no one could see them). The entire house had been disinfected with bleach and the windows were all open. [ 19 ] Z was in the living room and she was cold because of the opened windows.

The older children reported that their mother shaved their head and scratched them with an eyebrow plucked. They had wounds on their head because of that. The mother said that she cleaned their head with vinegar to kill the lice. She showed to the Youth Protection worker the walls stating there was mold all over. The mother was overwhelmed and was crying. She asked the worker to entrust the children. The three younger children were entrusted to the father and A to a foster family because of a lack of space at the father's house. The children • A [ 20 ] She is an eight years old girl who attends school A.

She is currently in grade 3 and enjoys school. [ 21 ] Over the last months the child misses school for approximately three weeks due to a lice problem at school according to the mother. This situation has cause difficulties for the child to follow the academic program. [ 22 ] On April 19, A was entrusted to a foster family because of what happened at her mother's place. She does not want to live with her father since she would be afraid of him. According to the child her father once pushed her down the floor at his house. The father denied everything.

According to him the mother used to utilize A against him at different occasions. [ 23 ] On April 23, 2015, the provisional foster care of A in a foster family was ordered for a period of 30 days and was extended for another 30 days. On June 3, the Court extended the placement of the child with the consent of all the parties until July 10, 2015. [ 24 ] A lives with three of her older siblings. She is attached to her brothers as they grew up together. A is currently entrusted to that foster family due to limited space with the father and her siblings.

For now A likes to live in the foster family. • Y [ 25 ] She is a five years old girl who attends school A. She is currently in kindergarten. She enjoys school and performs well in class. She develops well and is in good general health. • X [ 26 ] X is a four years old little boy who attends school A in the morning only. He is in pre-kindergarten. He enjoys school and performs well in class. He is in good general health. • Z [ 27 ] She is a two years old little girl. She appears to be in good general health and develops well according to all spheres of life.

She does not attend daycare as she stays home with her father. [ 28 ] On April 23, 2015, the Court maintained Y, X and Z with the father during the ongoing proceedings. On June 3, the provisional

orders were extended until July 10, 2015. The parents • The father [ 29 ] The three youngest children live with him. The father lives at his mother's place with them. Altogether nine to twelve people live in that house. The father has his own room to suit him and his children. [ 30 ] The mother lives in the familial house alone. The father is waiting for the Band Council decision about who will be entitled to keep the house. [ 31 ] The father has a full time job as a janitor at the school. He works on a

schedule six months on/off. When he works he has a babysitter for the children. • The mother [ 32 ] According to Mrs A the mother still talks about bugs and is not going well. The mother has been accepted in a rehabilitation center for a six months treatment. [ 33 ] The mother's house and the father's house are close. The mother sees the children on the street. For now she is not allowed to have them at her place to sleep over.

Decision [ 34 ] The parents and the children do not challenge the motions. [ 35 ] The parents acknowledge that the security or development of all the children is in danger according to the law. They agree with the applicant's recommendations concerning the measures. [ 36 ] Both parents struggle with addiction issues that put their children in danger. The mother's situation is very concerning. Because of her hallucinations she wounded her children by scratching their head with tweezers.

That type of behaviour and hallucinations can put the children's security in danger. [ 37 ] The Director of Youth Protection will make a calendar to supervise the contacts between the parents and the children. [ 38 ] The parents will have to remain sober when they are with their children.

As for the mother the contacts will have to be supervised by the Director of Youth Protection as for modalities with a third party if judged necessary. [ 39 ] The Court concludes that the security or development of X, born on [...], 2010, Y, born on [...], 2009, Z, born on [...], 2012 and A, born on [...], 2006, is compromised pursuant to sections 38 b) 1° iii, b) 2° and

c) of the Youth Protection Act . The applicant's recommendations concerning the measures are appropriate, reasonable and in the children's best interest. For these motives the Court: [ 40 ] Grants the motions; [ 41 ] Declares that the security or development of X, born on [...], 2010, Y, born on [...], 2009, Z, born on [...], 2012, and A, born on [...], 2006, is compromised pursuant to sections 38 b) 1° iii, b) 2° and

c) of the Youth Protection Act ; [ 42 ] Orders that X, Y and Z be entrusted to their father for a period of nine months; [ 43 ] Orders that A be entrusted to a foster family for a period of nine months; [ 44 ] Orders the following measures for a period of 12 months; X, Y and Z [ 45 ] Orders the Director of Youth Protection to make a calendar for the contacts with the mother; [ 46 ] Orders that the contacts between the mother and the children be at least once a week if the situation allows it and if the mother is in the community. There will be no sleep over.

The contacts will be supervised by the Director of Youth Protection as for the modalities and with the presence of a third party if judged necessary; A [ 47 ] Orders that during the school year, the contacts between the father and the child be at least every Wednesday starting after school and until the father goes to work and this is a minimum. For the period between June and September, those contacts will be at least twice a week during the day depending of the father work

schedule and there will be no sleep over during each period of contacts. The contacts will be supervised by the Director of Youth Protection as for the modalities; [ 48 ] Orders that the contacts between the mother and the child be at least once a week if the situation allows it and if the mother is in the community. There will be no sleep over. The contacts will be supervised by the Director of Youth Protection as for the modalities and with the presence of a third party if judged necessary;

[ 49 ] Orders the Director of Youth Protection to promote the contacts between A and her siblings; All children [ 50 ] Orders that a person working for Centre Jeunesse provide aid, counselling or assistance to the children and the parents; [ 51 ] Takes judicial notice of the parents' consent and authorizes the exchange of information between the Director of Youth Protection and all professionals implicated in the family's situation; [ 52 ] Takes judicial notice of the father's consent to maintain his follow-up with his therapist as long as judged necessary by this professional; [ 53 ] Takes judicial notice of the mother's written consent about attending a rehabilitation center and Orders the mother to attend a rehabilitation center for her drug addiction and Orders her to complete the program; [ 54 ] Recommends the mother to engage in an after care follow-up after she as completed the rehabilitation program as long as judged necessary by the professional; [ 55 ] Orders that the parents remain sober in presence of their children; [ 56 ] Orders any police body to collaborate for the purpose of executing this enactment; [ 57 ] 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 Imane Kamal, attorney for the children Me Sébastien Lebel, attorney for the mother Me Peggy Warolin, attorney for the father Date of hearing: July 10, 2015