r v. A, 2014 QCCQ 20353

Protection de la jeunesse — 148365 2014 QCCQ 20353 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-004737-147 DATE: October 8, 2014 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...] , 2014 Child ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner v.

A Parent ______________________________________________________________________ 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 presents a motion for protection concerning X born on [...] , 2014, invoking that the security and the development of the child are in danger in reason of a serious risk of neglect.

In view of this situation, the Director recommends the application of protective measures for 9 months, including the entrustment of the child in foster care, with the supervision of his contacts with his mother. [ 2 ] The mother consigns her admissions to the Court file and agrees with the Director’s orientation. [ 3 ] Considering the child’s age, his attorney acts in virtue a legal mandate.

After evaluating the evidence, she declares being in agreement with the motion in the best interests of her client. [ 4 ] Analysis and decision [ 5 ] The mother presents a history of mental illness as well as instability, more notably in her personal relationships. She receives mental health services in the past in relation to a diagnosis of personality disorder, but ceases her follow-up and medication approximately two years ago. [ 6 ] The mother’s two other children are under their father’s custody.

She has no contacts with them. [ 7 ] Since X ’s birth, the mother benefits from various services by way of the CLSC. Her participation is adequate. [ 8 ] At the time of the initial evaluation by the Director of Youth Protection, the mother resides with her son in the basement apartment of a friend’s home. Overall, the dwelling is adequate and X is well cared for. [ 9 ] The mother collaborates well with the evaluation. She recognizes various elements of difficulties, including ongoing financial hardships.

The Director retains to the existence of a serious risk of neglect, considering the mother’s past history and elements of precariousness present. [ 10 ] The mother is in a relationship with Mr. B , which is tainted with violence and abuse. A prohibition of contacts is in force between them in relation to a previous incident of domestic violence. Notwithstanding, on July 1, 2014, they move into an apartment together. Ensues a series of incidents of domestic violence, requiring police interventions. X is present during these altercations. [ 11 ] Despite the restraining order and their separation, Mr.

B returns to the apartment and harasses the mother, provoking her to call

the police. No longer feeling safe, she finally decides to leave her apartment on and asks for assistance to protect her child. [ 12 ] On July 25, the mother entrusts the child to a friend for one week, saying she wishes to use this time to clarify her situation, get an apartment and reactivate her mental health services. The situation remains unstable, with the mother moving repeatedly with her son. On August 7, the mother calls and indicates she has no clear place to live and asks for her son’s provisional placement.

The parties proceed to a temporary placement in foster care and the supervision of the mother’s access. [ 13 ] Since that time, the mother is present for three supervised visits, wherein she demonstrates good parental abilities and sensitivity to her son’s needs. Although the parties agree to visitation twice a week, no visitations occur as of August 21.

The mother cites numerous reasons inhibiting her ability to be present for the access periods, namely health and financial issues. [ 14 ] The mother’s personal situation challenges the establishment of regular visitation with X , which all parties agree is in his best interests. The Director declares being available to facilitate the mother’s access by arranging transportation, conditional to the mother providing a reasonable notice of her needs. [ 15 ] The evidence demonstrates the mother’s commitment to her son’s well-being.

She is able to recognize her difficulties as well as the steps necessary to stabilize her situation. The issue remains her ability to achieve this objective and maintain an active role in her son’s development. [ 16 ] The Court cites the objectives of the intervention: In order for the child’s situation to be resolved, the mother needs to provide and maintain a harmonious environment in order to help X develop his full potential. The mother will have to offer stability as a parental model which will secure her child and collaborate to a positive development.

She will also have to collaborate with services and ensure that she is supported in link with her mental health diagnosis. (Orientation Report, exhibit D-4, p. 7) [ 17 ] After taking into consideration the parties' admissions as well as the documentary evidence, the Court considers that the allegations in the proceeding are proven to its satisfaction and furthermore, give rise to the measures sought. [ 18 ] FOR ALL THESE REASONS, THE COURT: [ 19 ] GRANTS the motion; [ 20 ] DECLARES that the security and development of the child are in danger due to a situation of serious risk of neglect; [ 21 ] ORDERS that the child be entrusted to a foster family chosen by the institution operating a child and youth protection centre; [ 22 ] ORDERS that the mother undertake an active

part in the application of the measures designed to put an end to the situation in which the security or development of the child is in danger; [ 23 ] ORDERS that the mother report every two weeks to the Director to inform of her current situation; [ 24 ] ORDERS that the contacts between the child and his mother be upon agreement between the parties, following a fixed

schedule and in the presence of a third party designated by the Director of Youth Protection ; [ 25 ] PERMITS upon agreement of all the parties that supervision be withdrawn; [ 26 ] ORDERS the mother to advise the Director of Youth Protection of any changes in her address and/or coordinates; [ 27 ] ORDERS that a person working for an institution or a body provides aid, counselling and assistance to the child and his family; [ 28 ] ALL THESE MEASURES for nine (9) months; [ 29 ] ENTRUSTS the situation of the child to the Director of Youth Protection of the Centre Jeunesse A for the execution of the measures. __________________________________ BÉATRICE CLÉMENT, J.C.Q.

Me Mylène Francoeur Attorney for the Petitioner Me Karine P. Poissant Attorney for the child Date of hearing: October 8, 2014