2017 QCCQ 698, 2017 QCCQ 698

Protection de la jeunesse — 1736 2017 QCCQ 698 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division Nos.: 614-41-000164-162 and 614-41-000165-169 DATE: January 17, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2007 Y, born on […], 2010 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A Board of Health and Social Services A, working in Town A, Quebec, District A Applicant and MRS A, residing and domiciled in Town B, Ontario Mother and MR B, residing and domiciled in Town C, Quebec, District A Father of X and MR C, residing and domiciled in Town C, Quebec, District A Father of Y ______________________________________________________________________ JUDGMENT (Sections 38, 75 and 91 Y.P.A., R.S.Q. c.

P-34.1 ) ______________________________________________________________________ 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 of the A Board of Health and Social Services A asks the Court to declare the security and development of X, 9 years old, and Y, 6 years old, in danger because they are victim and at serious risk of neglect by the parents (section 38 (b) (1) iii. and

(2) Y.P.A.). [ 2 ] At the hearing, the mother is present, assisted by Me Michel Grenier. Mr B, fa-ther of X, and Mr C, father of Y, are absent, even if they were duly served. The children are represented by Me Yan Massé. Me Gabriel Gaudreault represents the applicant. [ 3 ] The mother admits many allegations and acknowledges that the security and development of her children are endangered. Voluntary measures signed in 2011 to 2014 are filed. A report from Children Aid’s Society (CAS) and a letter from the mother dated November 4 are filed in evidence. [ 4 ] The mother has serious alcohol problems.

In the past, many voluntary measures were signed. Because of her problems with alcohol and drugs consumption, services were provided and the children were placed. The mother agreed to attend therapy for alcohol and drugs abuse, to meet with a psychologist and to seek parenting skills. [ 5 ] The fathers of those two children are not involved in their life. They only have few contacts over the years. [ 6 ] Last September, the mother moved in Town B, Ontario, with X, Y and her daughter Z. [ 7 ] On November 2, 2016, the mother bought 12 cans of beer for her teenager Z and her boyfriend.

A verbal altercation occurred between the mother and her daughter. Z’s boyfriend tried to intervene with a hammer. The mother’s boyfriend intervened and hit the youth’s boyfriend on the face, which led the latter to get a dental surgery the next day. Following this incident, Z self-mutilated on her body with a razor blade. [ 8 ] Police officers intervened and brought Z to the hospital. She was very agitated and aggressive. She assaulted a hospital’s

employee. She had to be physically restrained and sedated. [ 9 ] The children Y and X were present at home during this incident. A report was made for them. [ 10 ] On November 3, when a worker from CAS went to the mother’s home, she did not answer the door. The worker came back with the police and had to break the door to enter the premises. [ 11 ] The mother was inside with the two boys.

The mother was intoxicated and there was shattered glass on the floor. [ 12 ] The children were removed from the mother’s care by the CAS worker. [ 13 ] The mother signed an agreement (a letter) that her three children would come back in A area in Québec. The two boys would be placed with the maternal grandmother and Z would attend the reception centre. [ 14 ] They all arrived in Town A on November 7 and immediate protective measures were taken. [ 15 ] The mother has difficulties to structure her children. She cares and loves her children, but she has been having issues with drugs and alcohol for numerous years.

She was arrested for driving and drinking lately. She now has to use a breathalyzer to drive a car being prohibited to drive for three years, except with the use of this apparel. [ 16 ] She does not realize the seriousness of her addiction. She has difficulty to stay in relationship with men. She is a single mother with three different fathers. [ 17 ] The mother has difficulty in her relationship with her daughter Z. The youth has behavioural problems caused by the mother’s lack of supervision.

If the mother does not change urgently her way of life and does not solve her own issues, the boys are at risk to develop some kind of problems than Z. [ 18 ] The Court declares the security and development of the children in danger and proceeds to the applicable measures inquiry. [ 19 ] The social worker recommends the placement of the two boys in foster family until the end of school year with possible reintegration with the mother once she completed a serious treatment program. [ 20 ] The parties agree with those recommendations.

Consequently, the Court ratifies the recommendations, but adds that the mother’s situation has to be stabilised before such reintegration and it depends also of the children’s evolution, particularly at school.

FOR THESE MOTIVES, THE COURT: [ 21 ] DECLARES the security and development of X and Y in danger; [ 22 ] ORDERS the placement of X and Y in foster family until the end of school year in June, with possible reintegration with the mother once she completed a treatment program and had stabilised her way of life; [ 23 ] ORDERS the Director of Youth Protection to supervise the visits of the children with the mother and their respective father (frequency, modalities and degree of supervision); [ 24 ] ORDERS the mother to attend a therapy for alcohol and drugs issues; [ 25 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the children and the mother for a period of one year; [ 26 ] ORDERS the mother to attend workshop to develop her parental capacities; [ 27 ] ENTRUSTS the children's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Gabriel Gaudreault Attorney for the applicant Me Michel Grenier Attorney for the mother Me Yan Massé Attorney for the children Date of hearing: December 9, 2016