2012 QCCQ 12371, 2012 QCCQ 12371

Protection de la jeunesse — 124203 2012 QCCQ 12371 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000402-120 DATE: July 5, 2012 ______________________________________________________________________ BY THE HONOURABLE ROBERT LEVESQUE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] Petitioner and X Child and A and B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] A petition for protection purpose in respect of X (2008-[…]) is referred to the Court by the Director of youth protection pursuant to sections 38 and 75 of the Youth Protection Act. [ 2 ] The petition is based on the following assertions and facts :

a) Mr A is not involved in X’s daily life ;

b) the parents have a conflictual relationship ;

c) in November 2011, a fight occurred between the parents and Mr B stabbed Mr A ;

d) on November 23, 2011, X was entrusted to a foster family, under Health and social services act ;

e) the mother is addicted to oxycodone, she used to undertake a methadone program, but was discharged for non-compliance ;

f) Ms. B entered a detox center on February 15, 2012, but decided to leave on February 19 ;

g) after leaving the detox centre, the mother did not show up at social services office until the end of February, asking to see X ;

h) on March 15, during a visit, the mother brought X to Zeller’s and was caught shoplifting ;

i) the mother did not show up to a meeting set on March 21, and the social intervener did not hear from her since then ;

j) since she came back from detox, the mother has refused to do drug test ;

k) X needs security and stability. [ 3 ] At the hearing, the mother is present with her lawyer who denies many allegations of the petition but agrees with the recommendations of the Director of youth protection. [ 4 ] The child's lawyer, considering the report, accepts as well the recommendations of the Director of youth protection. [ 5 ] The father is absent and unrepresented. [ 6 ] The Court studied the psychosocial report, reports from social interveners concerning the mother and a police occurrence report. [ 7 ] The evidence reveals that the mother is struggling for a long time with drug addiction. [ 8 ] The petitioner writes : "Our involvement initially came from Mrs B reaching out for assistance, she was tired, stressed and she was slipping back into drugs and wanted help.

She reported that X was very difficult to handle and she did not always know how to handle his behaviour, she agreed that an external educator to work with her on her parenting skills was something she could benefit from." [ 9 ] Unfortunately, Mrs B is not consistent with the different follow-ups offered.

In fact, she attended only a few appointments. [ 10 ] She may recognize the problem and then deny it. [ 11 ] She constantly changes her mind, saying at times that she does not believe that her personal problems affect her son and that she can handle the situation alone. [ 12 ] In the report, it is mentioned that the father struggles with his own addiction problems and, at the same time, alleges that the mother is using drugs, is unstable and is not doing what is necessary to permit X to return home. Mr A is not seriously involved in his son's life.

He is not collaborative with the Director of youth protection. [ 13 ] It is important that Mrs B, considering X's age and needs, realizes the gravity of the situation and shows determination in recovering control and an acceptable way of life in X's interest. [ 14 ] Considering the reports and the position of the parties, the Court grants the petition in the sense of the recommendations of the Director of youth protection filed today including the one added at the hearing related to drug testings. WHEREFORE, THE COURT :

[ 15 ] DECLARES that the security and the development of X are considered to be in danger according to

section 38 of the Youth Protection Act ; [ 16 ] ORDERS that X be entrusted to a foster family designated by the Director of youth protection ; [ 17 ] ORDERS that the parents remain actively involved in their son's life through visitations, scheduled and supervised as deemed necessary by the youth protection delegate ; [ 18 ] RECOMMENDS that the parents receive support and counselling for their addictions and strongly consider attending treatment ; [ 19 ] ORDERS that the mother presents herself for medical drug tests every second week from now until September 15 ; [ 20 ] RECOMMENDS that the parents receive psychological services for their personal issues ; [ 21 ] ORDERS that the parents receive parenting support to improve their parenting skills and consistency and stability for X ; [ 22 ] ORDERS that the parents undergo a thorough parenting assessment ; [ 23 ] ORDERS that both parents maintain contact with the youth protection delegate on a regular basis and maintain up to date information with the worker ; [ 24 ] ORDERS that the parents actively participate in the application of the measures intended to put an end to the situation of endangerment ; [ 25 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and his family ; [ 26 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A until November 30, 2012 for the carrying out of the present measures. __________________________________ ROBERT LEVESQUE, J.C.Q.

Me Lynn-Ann Smith, for the petitioner Me Andrée Rioux, for the child Me Mathieu Racine, for the mother Mr A, the father (absent)