2015 QCCQ 13319, 2015 QCCQ 13319

Protection de la jeunesse — 152778 2015 QCCQ 13319 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000669-150 610-41-000670-158 610-41-000678-151 DATE: July 3, 2015 ______________________________________________________________________ BY THE HONOURABLE JOSÉE BÉLANGER J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...] Y , born on [...] Z , born on [...] [Social Worker 1] , Youth Protection worker, duly authorized by the Director of Youth Protection exercising her profession at the Centre Jeunesse 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 C , district B (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 [...] , Y , born on [...] and Z , born on [...] endangered pursuant to

section 38 b) 2° of the Youth Protection Act. [ 2 ] If the Court concludes that the children's safety is endangered pursuant to the law the applicant recommends as one of the measures that all the children be entrusted to their maternal grandmother for a period of six months with additional measures for a period of twelve months. [ 3 ] The children are absent but duly represented by counsel. [ 4 ] The mother is present and represented by counsel. She acknowledges that the children's safety is endangered pursuant to

section 38 b) 2° of the Youth Protection Act. She agrees with the applicant's recommendations for the applicable measures. [ 5 ] The father is present but not represented by counsel and does not wish to be represented even if the Court explains to him his rights in that regard. [ 6 ] The Court grants the parties the permission to proceed in a common hearing. The facts [ 7 ] The Court considers the following facts as proven by preponderant evidence. [ 8 ] In March 2014, the City D Social Services intervened in the children's situation.

While the children were under their mother's care, they were entrusted to foster families due to the mother's way of life and neglect towards their care. [ 9 ] In September 2014, Y and X were entrusted to the maternal grandmother in City E and have been residing there since. This was requested by the mother. [ 10 ] In February 2015, Z left her father's residence in City C and came in City E to live with her grandmother and her two younger sisters. She still lives with them. [ 11 ] From March to December 2014, the mother enrolled in different classes (like a six weeks parenting class).

[ 12 ] On January 12 and 13, 2015 the parents signed an agreement on voluntary measures for Y and X for a period of three months. They agree to entrust their daughters to the maternal grandmother. They agree to participate in a therapy in regards to their drinking habit. They agree as well not to drink in the children's presence. [ 13 ] From January 11 to February 20, 2015 the mother participated in a therapy for her alcohol abuse problem.

She addressed as well her anger management and parenting capacities issues. [ 14 ] During the time the mother was sober the Director authorized her to go at the grandmother's home as often as she wanted to take care of her daughters, as long as she remains sober. [ 15 ] The mother acknowledges that she was using drugs and drinking alcohol with the father on a regular basis. They were planning to sober up together and go to a treatment center. She left him because of drugs, drinking and domestic violence. [ 16 ] Mid March 2015, the mother relapsed with alcohol and drugs.

She is still using drug but does not want any help to stop because she thinks she can do it by herself. [ 17 ] At the end of March 2015, the maternal grandmother saw the mother intoxicated. The mother was barely visiting her children. At the same period, the mother admitted to the grandmother being back on drugs. [ 18 ] Since she got out of the treatment center, the mother is living in City E . When she was sober she was living at the grandmother's residence. Since she relapsed she stays at her father's place.

Her collaboration with the Director of Youth Protection is more difficult since she relapsed. [ 19 ] The mother appears to be instable both in her relationships with the children and the father. [ 20 ] In November 2013, she left the father for the reasons she explained to the Court. She left with the five children and went to her mother's home in City E . [ 21 ] In January 2014, the three older children ( Y , Z and

X) went back living with their father in City C while the mother went in a women shelter in City D with Y . No long after she was in City D she took X with her. As for C , since November 2013, she is staying with the maternal grandmother. [ 22 ] Since the Youth Protection is in the mother's life she did not have any stable place to live. [ 23 ] To this day it is difficult to have information about the father. The Director of Youth Protection could only reach the father on April 16, 2015.

He said he was working in the bush. [ 24 ] He admitted not being able to take care of his children because of his work and the fact that he was living with his parents. His house is being renovated. [ 25 ] The father resides in City C and has exercised few contacts with the children in the past years. [ 26 ] Last Easter time the father contacted the maternal grandmother to have a visit with the children at his sister's place in City F . [ 27 ] According to the father he had a great visit with the children and everyone enjoyed it. The grandmother had another version.

When she arrived in City F to supervise the visit she noticed the father was inebriate. She left the house abruptly without letting the children be in contact with the father. [ 28 ] The father admits that he still drinks alcohol. He stopped using cocaine in January 2015 because he could not afford it. [ 29 ] He went to a therapy many years ago. He says he can stop drinking by himself. [ 30 ] For now he does not work. He is a machine operator and is supposed to work in May. • The children o Z [ 31 ] She is a 12 years old girl who appears in good health conditions.

Although she appears to have a hard time to adjust to the multiple changes she has been through during the past months. [ 32 ] She lived with the father from January 2014 to January 2015. Between November 2013 and January 2014, she lived with her maternal grandmother in City E . Before that all the family (father, mother and children) was living together in City C . [ 33 ] In February 2015, Z asked to live with her maternal grandmother because she said that no one was taking care of her. At that time she was hoping that her mother would be able to take her back with her at the end of the treatment.

Z still lives with her grandmother. [ 34 ] According to the school board Z does not seem to feel well. She does not want to participate in class, she defeats authority and keeps everything for herself. [ 35 ] The youth told the worker that she did not feel comfortable living in City E and would prefer to live in City C but not with her father. According to the youth's relatives she is uncomfortable everywhere. o X

[ 36 ] She is a seven years old girl who develops normally. She missed her mother but starts to understand that if her mother does not change she will not be back with her. She lives with her maternal grandmother, her three other sisters and she likes it. o Y [ 37 ] She is three years old and develops normally for her age. She lives with her maternal grandmother and her siblings almost all the time because she does not go to a daycare facility. According to the grandmother, Y is an easy child.

Decision [ 38 ] The mother wants her children back with her but acknowledges that is impossible for now. [ 39 ] She acknowledges that the children are in good care with her mother. Although she admits that her relationship with her mother is not good. They do not talk to each other because her mother wants her to stop drinking. [ 40 ] The mother acknowledges that she went into a treatment center for drug and alcohol abuse five times. She had relapsed. The last time she has been drinking was yesterday. [ 41 ] She says that she needs family counselling.

She does not want to get that help in City E because the community is too small. She wants to collaborate with the Director of Youth Protection. [ 42 ] The Director of Youth Protection can provide help to the mother outside the community. [ 43 ] The father acknowledges that he cannot have the children with him. He would like that the mother have them. [ 44 ] As for the grandmother she agrees to have the children with her. She is in contact with the father. They speak together once a week.

On these occasions he speaks with the children on the phone. [ 45 ] As for the mother, the grandmother admits that they do not talk to each other for the past month. The mother is mad at her because she informed the Youth Protection worker about the fact that she saw her daughter drink. [ 46 ] The grandmother agrees to supervise the contacts between the parents and the children.

The parents will have to remain sober when they visit their children. [ 47 ] The Director of Youth Protection trusts the grandmother for the supervision of the contacts. [ 48 ] Considering the evidence as a whole the Court declares the security or development of X , born on [...] , Y , born on [...] and Z , born on [...] endangered pursuant to

section 38 b) 2° of the Youth Protection Act. [ 49 ] The Director of Youth Protection's recommendations concerning the applicable measures are reasonable, appropriate and in the children's best interest. For these reasons the Court: [ 50 ] Grants the motions; [ 51 ] declares the security or development of X , born on [...] , Y , born on [...] and Z , born on [...] endangered pursuant to

section 38 b) 2° of the Youth Protection Act ; [ 52 ] Entrusts the children to their maternal grandmother Viana Polson for a period of six moths; [ 53 ] Orders the following measures for a period of 12 months; [ 54 ] Orders the parents to report to the Director of Youth Protection on a regular basis to inform him of the measures they take to put an end to the compromising situation; [ 55 ] Maintains the relations between the parents and the children; [ 56 ] Authorizes the contacts between the mother and the children as often as possible at the following conditions.

The mother will have to: • Contact the maternal grandmother to arrange the visits; • Remain sober in the presence of the children; • Insure that the children are never exposed to anyone under the influence of drugs or alcohol when they are with her; [ 57 ] Authorizes the contacts between the father and the children twice a month at the following conditions.

The father will have to: • Contact the maternal grandmother to arrange the visits; • Remain sober in the presence of the children; • Insure that the children are never exposed to anyone under the influence of drugs or alcohol when they are with him; [ 58 ] Orders the grandmother to make sure that the parents comply with the conditions imposed concerning their access rights and

Orders her to report periodically to the Director of Youth Protection to inform him about the situation; [ 59 ] Orders the parents to participate actively with the Director of Youth Protection in the application of all the measures; [ 60 ] Orders that a person working for an institution or body provides aid, counselling and assistance to the children, the parents and the grandmother, mainly services for drugs and alcohol abuse for the mother; [ 61 ] Orders any police body to collaborate for the purpose of executing this enactment; [ 62 ] Entrusts the children's situation to the Director of Youth Protection for the execution of this order. __________________________________ Josée Bélanger, J.C.Q.

Me Julie Lemire, attorney for the Director of Youth Protection Me Daniel Ouellette, attorney for the children Me Sébastien Lebel, attorney for the mother Date of hearing: May 7, 2015