2017 QCCQ 13736, 2017 QCCQ 13736

Protection de la jeunesse — 176100 2017 QCCQ 13736 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division Nos: 615-41-002198-165 615-41-002199-163 615-41-002200-169 DATE: August 8, 2017 ______________________________________________________________________ PRESENT : THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2002 Y, born on [...], 2010 Z, born on [...], 2011 [SOCIAL WORKER 1] , in his capacity as person authorized by the Director of Youth Protection of the Centre intégré de santé et de services sociaux A, having a place of business at [...] in City A, District A, [...] Applicant and A , domiciled and residing at [...] in City A, District A, [...] Mother and B , domiciled and residing at [...] in City A, District A, [...] Father ______________________________________________________________________ JUDGMENT (sections 95 (paras.1 and 2) and 75 of the Youth Protection Act , R.S.Q., c.

P-34.1) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every 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 ] [Social Worker 1], in his capacity as person authorized by the Director of Youth Protection, is seeking the revision and extension of a decision rendered on January 25, 2017, by the Honourable Jean Gravel, J.C.Q. [ 2 ] The father, B, was present at the hearing.

He admitted almost all of the allegations in the application and agreed with the recommendations. [ 3 ] The mother was absent, despite the fact that the application was duly served on her. [ 4 ] The children were represented by Mtre. Claude Cossette. The child X, who is fourteen years old, agreed to placement with her aunt, C. The youngest children disagreed with the measures proposed. [ 5 ] According to the evidence, the situation of the family is very unstable due to the mother’s drug use. She takes speed on a regular basis and has erratic behaviour.

She can be very incoherent and difficult to understand. [ 6 ] During April, a few events occurred while the mother was under the influence of drugs. On April 7, 2017, the applicant met with her and suspected that she was in a toxic psychotic state. She refused to have a medical evaluation. [ 7 ] On April 11, 2017, the applicant met with the parents. The father was collaborative.

He stated that the mother is unstable because she uses speed and there are more conflicts between them. [ 8 ] On April 30, 2017, the police intervened in the family environment. [ 9 ] On May 1, 2017, the mother was at the school under the influence of drugs. She was disruptive and talked loudly. The

applicant, Mr. [Social Worker 1], was called by the school secretary. The mother reacted and left the school screaming at him outside the building. [ 10 ] Mr. B admits using marijuana and consuming alcohol, but denied using speed. He is worried about his spouse, given her mental state and drug abuse. [ 11 ] Currently, the parents have serious issues with alcohol and drugs. They are not actively involved in the services offered to resolve those issues. [ 12 ] There are also many situations of conflict in the family environment that necessitate police intervention.

The children regularly witness those conflicts at home. [ 13 ] The children Z and Y depend on adults to meet their needs. They need stability and security. [ 14 ] The child X, is a teenager. She uses marijuana on a daily basis.

She has shouldered many responsibilities regarding herself and her younger brothers because of her parents’ instability and their neglect of parental responsibilities. [ 15 ] The evidence shows the need to order the children’s placement with the maternal aunt, C, for six months, with a possible return to the family environment over the last 60 days, if the situation allows. [ 16 ] Considering the seriousness of the parent’s issues, a residential therapy program is requested in order to resolve their addiction problems. [ 17 ] The parents will have to mobilize themselves and collaborate genuinely with the Director of Youth Protection and the other services trying to help them improve the family situation.

FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the applications; [ 19 ] DECLARES that the security and development of the children X, born on [...], 2002, Y, born on [...], 2010, and Z, born on [...], 2011, are still in danger; [ 20 ] ORDERS that the children be entrusted to C for six months and that a progressive return take place over the last 60 days of placement, if the situation allows; and if Mrs.

C receives the status of « Famille d’accueil de proximité », the children will be entrusted to her as such; [ 21 ] ORDERS that an institution provide aid, counsel and assistance to the parents and the children for 12 months; [ 22 ] ORDERS that the Director of Youth Protection supervise the parents’ visitation rights and access to the children as regards frequency, duration, location and presence of a third party; [ 23 ] ORDERS that the parents and their family members always be sober in the presence of the children; [ 24 ] ORDERS that the parents complete a residential therapy program and follow the recommendations of the professionals; [ 25 ] ORDERS that the parents be actively involved in a follow-up care plan until the professional offering the services considers the services are no longer required; [ 26 ] ORDERS that the parents be actively involved in couples therapy with the professional of their choice, and that they follow the recommendations of the professional providing the services; [ 27 ] RECOMMENDS that the mother participate in medical follow-up for her physical and mental health and follow the recommendations of the professionals; [ 28 ] ORDERS that X receive follow-up for her drug use; [ 29 ] TAKES NOTE of the father’s consent to authorize the exchange of information between the professionals providing him services and the Director of Youth Protection, regarding his collaboration, attendance and the recommendations; [ 30 ] RECOMMENDS that the mother authorize the exchange of information between the professionals providing her services and the Director of Youth Protection, regarding her collaboration, attendance and the recommendations; [ 31 ] ENTRUSTS the situation of the children to the Director of Youth Protection for the execution of this judgment. __________________________________ RENÉE LEMOINE, J.C.Q.

Mtre. Claude Cossette Attorney for the children

Mtre. Valérie Martel Attorney for the applicant B Representing himself Date of hearing: June 8, 2017