2012 QCCQ 12925, 2012 QCCQ 12925

Protection de la jeunesse — 124865 2012 QCCQ 12925 JA0940 QUEBEC COURT Youth Division Canada PROVINCE OF QUÉBEC DISTRICT OF [...] N° : 525-41-025301-110; 525-41-025302-118 DATE : March 16, 2012 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X , born on […], 1997 Y , born on […], 1999 THE DIRECTOR OF YOUTH PROTECTION Applicant and A mother B, father Respondents ______________________________________________________________________ JUDGMENT (Section 38 of the Youth Protection Act ) ______________________________________________________________________ Warning : Within the framework of the Youth Protection Act , no person may publish or broadcast information allowing 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. [ Y.P.A. , sections 11.2.1 and 135] [ 1 ] The Director of Youth Protection (the Director) seizes Court of the situation of X and Y alleging that their security and development are compromised because they have been subjected to psychological ill treatment (since they were exposed to the at times conflictual relationship of their parents) and because there is a serious risk of neglect (due to the mother's long standing history of drug and alcohol abuse). [ 2 ] The Director is requesting that the children be entrusted to their mother and that aid, counsel and assistance be provided to the children and their family for a period of eight months. [ 3 ] The mother as well as the father acknowledge the need for Youth Protection involvement and agree with the recommended measures due to the mother's longstanding drug and alcohol abuse.

Both parents deny that they have a conflictual relationship. [ 4 ] The children's lawyer, on behalf of the adolescents, recognizes the need for Youth Protection involvement. Concerning the measures, the lawyer suggests that the Court render an interim decision allowing for the mother to bring precision to her plans to leave the province. [ 5 ] The evidence reveals the following. [ 6 ] The mother has a long standing drug and alcohol problem. In early September 2011, the mother does not come back home after an

outing with the father. In fact, the mother comes back home to her teenagers only five days later. During her absence, it is the father who stayed home, at the mother's house, to care for his children. [ 7 ] Upon the mother's return on September 8th, Mr. B does not allow the mother to enter the appartment and the police were called as the mother was aggressive. That evening, the mother is arrested. The children witnessed the whole scene. [ 8 ] Following this police intervention, it was decided that the adolescents would remain with their maternal grandmother.

In early November 2011, the Director assesses two signalements: the first one pertaining the five-day absence of the mother in September 2011, the second signalement concerning physical abuse of the children by the father (the evidence does not substantiate that second signalement). [ 9 ] On November 21 st , 2011, the adolescents are formally entrusted to their maternal grandmother. On December 19 th , the undersigned rendered an interim order entrusting both children to their father. [ 10 ] It is not the first time the mother faces the harsh reality of her drug and alcohol addiction.

The fall of 2011 is clearly a long relapse period during which the mother loses the ability to stay away from drugs and alcohol. [ 11 ] The mother acknowledges her difficulties and takes full responsibility for the decisions she has made. She recognizes as well the very negative impact her poor choices have had on herself and her family. [ 12 ] She successfully completed a (six-week) semi-intensive outpatient program at [Pavillon A]. She also completed an (eight-week) recovery management program.

In addition, the mother has requested to do another program for thirteen weeks: she has completed almost six of these thirteen weeks. [ 13 ] The mother also attends AA meetings three times per week. She has a sponsor. She is looking for a job.

She is trying to determine if she wants to continue living in Town A or leave the province to find work possibly in [Province A]. [ 14 ] Throughout the fall, the father has remained involved to either care for the children or be present to them when they were cared for or when they were entrusted to the maternal grandmother. [ 15 ] The Court comes to the conclusion that the Director of Youth Protection has established clearly that the security and development of the adolescents are compromised due to the mother's recent relapse but also due to the at times conflictual relationship of the parents. [ 16 ] The Court wishes to recognize the excellent work the mother has done in trying to correct her situation in order to be able again to fully assume her parental responsibilities.

Both parents have a role to play in ensuring that the children are no longer exposed to their conflicts and the mother's addiction. [ 17 ] The Court can only encourage the mother to maintain her efforts in order to remain sober.

The evidence also reveals that she is an excellent parent when not under the influence of drugs. [ 18 ] The Court considers that it would be best for the adolescents, if the mother or the parents were planning to move outside of Town A, that they have the opportunity to discuss these plans with their attorney, in all confidentiality. [ 19 ] The Court considers that the suggested measures meet the needs of the children and are in their best interest. [ 20 ] AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 21 ] DECLARES that the security and the development of X and Y are in danger; [ 22 ] AND, BY VIRTUE OF AND PURSUANT TO THE POWERS GRANTED UNDER SECTIONS 91 AND 91.1 OF THE YOUTH PROTECTION ACT , THE COURT ORDERS THE FOLLOWING MEASURES: [ 23 ] ORDERS that the adolescents be entrusted to their parents; [ 24 ] ORDERS the mother to refrain from using drugs; [ 25 ] RECOMMENDS to the mother to submit to random drug testing; [ 26 ] ORDERS the mother to report on the measures she takes to the Director of Youth Protection; [ 27 ] ORDERS both parents to collaborate fully with the Director of Youth Protection; [ 28 ] TAKES NOTICE of the parents agreement to refrain from verbal and physical conflict in the presence of the adolescents; [ 29 ] TAKES NOTICE of the commitment of the Youth Protection worker to make sure that both adolescents will have access to their lawyer as soon as a plan is set for a possible move in order to discuss this plan; [ 30 ] ORDERS that aid, counsel and assistance be provided to the adolescents and their family for a period of eight months; [ 31 ] ENTRUSTS the situation of the adolescents to the Director of Youth Protection A, who shall then see that the measures are carried out.

__________________________________ MARIE ARCHAMBAULT, J.C.Q. Me Camille Champeval Attorney for the Director of Youth Protection Me Carole De Lagrave Attorney for the child Date of hearing : March 16, 2012