2019 QCCQ 18413, 2019 QCCQ 18413

Protection de la jeunesse — 197585 2019 QCCQ 18413 COUR DU QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] « Youth Division »

N° : 550-41-003547-195 DATE : August 9, 2019 ______________________________________________________________________ BY THE L’HONORABLE VALMONT BEAULIEU, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Plaintiff and X Child and A B In their capacity as parents ______________________________________________________________________ JUGEMENT (Section 38, Youth Protection Act ) ______________________________________________________________________ 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 ] On May 5th, 2019, a police intervention was done at the mother’s home following a conflict between the mother and her spouse (D-3). [ 2 ] The mother was very intoxicated with alcohol and did not seem able to take care of the children. [ 3 ] The children were outside walking in the parking lot without any adult supervision near the road. [ 4 ] The mother asked help from a friend (

C) earlier in the day because she said she was tired and wanted help with the children. [ 5 ] The peace officer had to ask C to leave. [ 6 ] The police services intervened and an agreement was made with the mother so that the children would stay with the neighbour until the next day. [ 7 ] On May 5 th , the social worker met the mother at her home and C. [ 8 ] The mother mentioned that it was a small conflict and that she do not understand the relevance of the police’s intervention. [ 9 ] They therefore did a provisional agreement stating that the mother must always be sober in the presence of her children and that she make sure not to expose the children to any kind of violence. [ 10 ] On May 22 th , 2019, the Town A Police had to intervene at the mother’s house and in the presence of the children (D-4). [ 11 ] The mother was in a state of advanced intoxication and that she had to be driven to the hospital applying P.38 following a severe disorganisation on her part and suicidal ideation. [ 12 ] The children were entrusted to the paternal aunt, Mrs.

D. [ 13 ] On May 23 th , following the request of the mother, madam [Social Worker 1] went to her home to pick-up the children’s personal belongings.

[ 14 ] The house was very messy: clothes, food, cans and objects covered the floors of the entire home and there was a strong smell in the house. [ 15 ] The same day, the three children were integrated in the same foster family.

They reacted positively to the situation and they did not ask any questions about their mother. [ 16 ] On June 5 th , the social worker went to the mother’s house with an extension of the provisional agreement to be signed. [ 17 ] The mother answered that she understood the concerns of the Director of Youth Protection but she got angry when madam [Social Worker 1] could not give her exact length of her children’s placement after the provisional agreement. [ 18 ] The mother signed the prolongation of the agreement and asked her to leave. [ 19 ] Given the condition of the mother and the fact that her signature was nothing similar to the previous signatures, the social worker requested a provisional measure to the Court. [ 20 ] On June 12 th , 2019, Justice R.

Veillet ordered the following provisional measures for the children : GRANTS the motion; SETS the date of hearing for the Motion for protection (art. 38) on August 9, 2019, 9h30, Court room 13, for 2 hours; ORDERS the following protective measures: TAKES NOTICE that the contacts between the children and their mother are twice a week for one hour; ORDERS that the contacts between the children and their father be supervised according to an agreement between the parties; ORDERS the parents to collaborate with the Director of Youth Protection and inform her the steps they are taking to end the situation of compromise; ORDERS the parents to actively participate to the measures ordered in this judgment and to report to the Director of Youth Protection when required; ORDERS that a person working for the Centre intégré de santé et de services sociaux A provide aid, counsel and assistance to the children and their family; ENTRUSTS the situation of the children to the Director of Youth Protection for the execution of this order; ORDERS the execution of the present judgment by any peace officer. [ 21 ] On this day, the mother is present, X’s father and the father of Y and Z are absents. [ 22 ] Y (7 years old) and Z (6 years old) are from the union of the mother and E. [ 23 ] For a few years, Mr.

E had no contact with her and was never really involved with the children. [ 24 ] From the union of the mother and B was born X (2 years old). [ 25 ] The mother stayed with Mr. B for some time in the [Region A] before moving to the [Region B] area more than a year ago. [ 26 ] The mother is therefore a single parent with three children since her arrival in the region. [ 27 ] Mr. B returned in [Region A] because he currently had criminal charges against him for sexual abuse on Y. [ 28 ] X develops at the same rate as other children her age.

She is a very strong little girl and also has a beautiful relationship with Y and Z. [ 29 ] Mme [Social Worker 1] identified X’s needs correctly : • X needs a stable, healthy and safe environment that meets all of its needs; • X needs an adult who is available at all times to respond to her needs; • X needs positive contacts with her mother (that X does not suffer any impact on her mother’s consumption, awareness of the impact of consumption on children; [ 30 ] On the hearing day, the mother deposited a written response to errors made in the Report for the Quebec Court (M-1). [ 31 ] The document brings some clarifications to the report and the Tribunal will here quote part of the response : - Page 6 – Vulnerability of X: Please take not of the contradiction of the following quote:

“X also has trouble referring to the adults who takes care of her and tries to do everything herself. During the visits, we observed that X did not really refer to her mother for her needs. She is referring to her mother when she is not able to do it by herself or when she wants something.” ◄ “Tries do to everything herself; did not really refer to her mother for her needs… when she is not able to do it by herself…” Not being able to do it by herself is pure definition of “need”, and this report, along with this insert about my daughter, X, are not at all correct or professional.

X and I have a very strong bond; before the children got taken away, we were inseparable. On the visit on August 6 th at McDonald’s playground, X spent most of the time hugging and playing with me. She would go in the play area, and keep asking: “Mommy, come. Mommy, come”. She was persistent and caring. X is the baby of a three-children family. She is independent, and strives to do things independently. She is a strong-willed, beautiful child, working hard to catch up to her older siblings; and also a child who loves her mother very much.

We always have had a very, very strong bond.” [ 32 ] Before the Court, the mother recognized that she is ready to receive help from the social worker. [ 33 ] The Tribunal supports the analysis of madam [Social Worker 1] when she wrote in her report dated 2019-07-19 : All of these elements (housing, consumption, mental health) bring us several worries about the situation of the mother. We can also observe that from the beginning of the intervention to this day, the situation of the mother has evolved negatively in the meaning that it has been deteriorating.

In addition, the fact that the mother minimizes the impact of her situation on herself and the children also brings us additional worries. Y, Z and X are all young, so their vulnerabilities are considered medium to high level.

We therefore believe that the mother must regain stability (mental health, housing, financial situation) and receive services related to her consumption before considering the return of the children and even no more supervision during the visits. (D-2) [ 34 ] THEREFORE THE COURT: [ 35 ] GRANTS the application; [ 36 ] DECLARES the security and the development of the children compromised under

Section 38

c) d) 2 of the Youth Protection Law; [ 37 ] ORDERS the execution of the following protectives measures :

a) That X stay in the foster family of Mrs. F, her parental grandmother;

b) That X be entrusted to that foster family of proximity if the evaluation is positive;

c) That the contact between the child and Mr. E be supervised according to an agreement between the parties, and that any disagreement in that regard be submitted to the Court;

d) That the contact between the children and her father, Mr. B, be supervised according to an agreement between the parties, and that any disagreement between the parties be submitted to the Court;

e) That the contact between the child and her mother be according to an agreement between the parties, if no agreement occurs these contacts will be supervised, and that any disagreement in that regard be submitted to the Court;

f) That X receive the services required for her condition (social follow-up, medical follow-up);

g) That the parents commit to participate and collaborate in the elaboration and the implementation of the intervention plan;

h) That a person working for the Director of Youth Protection provide aid, counselling and assistance to the child and her family for a period of 9 months ; [ 38 ] RECOMMENDS that the mother receive the services needed for her condition (mental health, alcohol addiction problem, medication follow-up); [ 39 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of CISSS[A], who shall then see that the measures are carried out; [ 40 ] ORDERS the execution of the present decision by any peace officer. __________________________________ VALMONT BEAULIEU, J.C.Q.

M tre Sandra Couture Counsel for the Director of Youth Protection M tre Claude Dostie for Me Daniel Lessard Counsel for the child

Mrs. A Mother - personally Date of hearing : August 9, 2019