2015 QCCQ 19702, 2015 QCCQ 19702

Protection de la jeunesse — 157065 2015 QCCQ 19702 JL4031 COURT OF QUÉBEC Youth Division CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] N° : 525-41-030379-150 DATE: November 20, 2015 ______________________________________________________________________ PRESIDED BY : Mr.

JUSTICE CLAUDE LAMOUREUX, J.C.Q. ______________________________________________________________________ In the matter of : X Born on: [...], 2004 The Director of Youth Protection A applicant - and - A, the mother - and - B, the father respondents ______________________________________________________________________ JUDGMENT (section 38 of the Youth Protection Act) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcasting of any information that may lead to the identification of a child or his parents.

Any person who contravenes this provision commits an offence and is liable to fine. [ Y.P.A. sections 11.2.1 and 135 ] [ 1 ] The Court is seized with a motion under

section 38 of the Youth Protection Act requesting that the security or development of the child be declared to be in danger. [ 2 ] The Director alleges the following: 3.1. as relevant background information, the child was subject to Youth Court orders from 2010 to 2013, as it appears in file no: 525- 41-023096-100, due to the parents’ minimal parenting capacities, drug and alcohol use, neglect, supervision concerns and conjugal violence; 3.2. as relevant background information, the parents are separated since 2007 and the child resides with the mother, her sibling and her partner Mr.

C; 3.3. there is a serious risk that the parents do not meet the child’s basic needs with respect to food, clothing, hygiene or lodging,

taking into account their resources, more particularly but not restrictively in that:

a) the mother admits to being overwhelmed with parenting the child and siblings and with her work schedule;

b) when she is overwhelmed, the mother has difficulty following through with routine and expectations in the household;

c) Mr. C seems unwilling to participate in shared parenting of the child and sibling;

d) The mother has a history of drug and alcohol consumption abuse;

e) Concerns exist that the mother still struggles with her sobriety when she is overwhelmed;

f) On April 10, 2015, an intervention plan was signed by the mother to the effect that she would take medication for her stress and avoid alcohol, that she would undergo counselling and participate in a parenting group and that she would receive the services of an educator;

g) From May to September 1, 2015, the mother was sent to four random substance tests which she failed to attend;

h) On July 1, 2015, the mother was intoxicated in front of the child as she took her medication and also consumed alcohol;

i) The mother appears motivated and engaged to make improvements and access services but she has a history of not following through and concerns exist about her capacity to implement the recommended interventions;

j) As for the father, he was incarcerated in Ontario from June 2015 to September 24, 2015, due to old charges of assault;

k) The father has not been involved with the Director of Youth Protection since his release from prison;

l) The father has a history of anger issues and substance abuse issues;

m) The father admits that he continues to smoke marijuana and that he consumes alcohol on occasions;

n) The child had sporadic contacts with the father before his incarceration;

o) Since his release from prison, the father has bi-weekly supervised visits with the child; 3.4. the parents do not meet the child’s basic needs in failing to provide the child with the appropriate supervision or support or failing to take the necessary steps to provide the child with schooling, more particularly but not restrictively in that:

a) The child has been frequently absent during the school year 2014-2015;

b) The child was not adequately supervised after school during the school year of 2014-2015;

c) The child has engaged in risky behaviours on the Internet;

d) On August 12, 2015, the child cut herself on the wrist due to a fight in the home;

e) The child reported that there are a lot of conflicts in the home; 3.5. Given the above, the involvement of the Director of Youth Protection is necessary; [ 3 ] The Director of Youth Protection ( the Director ) is recommending that X remain entrusted to her mother’s care with various corrective measures for a period of nine (9) months. [ 4 ] The mother and X are present and represented by an attorney. They both consent to the measures proposed by the Director of Youth Protection. [ 5 ] The father is absent.

He was duly served and by consent, the Court proceeds in his absence. [ 6 ] X and her family have a long history of youth protection involvement in relation to parental conflict, neglect and substance abuse. [ 7 ] X lives with her mother and various family members. [ 8 ] The mother has difficulty ensuring that X is properly supervised. The mother works long hours and has difficulty coping with her various responsibilities. By all accounts, she will sometimes resort to using alcohol or drugs as a tool to lessen stress. This only exacerbates conflict and disorganization within the home.

She has recently stopped working in order to focus on her children’s needs. [ 9 ] X’s father has a long history of substance abuse and was recently incarcerated. X now sees him supervised, along with some of her siblings. Even though she enjoys these visits, the father is not always ready, organized and available for the visits. [ 10 ] X does relatively well in school. She nonetheless is showing signs of difficulty coping with the family situation. She has reached out in tears to family members on occasion. She has recently cut herself, albeit superficially.

There are concerns that she is smoking cigarettes and drugs. [ 11 ] Various supports have been offered to the mother over the years with very limited success in ensuring that the mother install clear rules and structure within the home. Nonetheless, the mother states that is committed to working towards providing X with an adequate home environment.

CONSEQUENTLY, AND FOR THESE REASONS, THE COURT: [ 12 ] GRANTS the motion; [ 13 ] DECLARES that the security or development of X is in danger within the meaning of Section 38 (2) (b)(1)

i) and iii) of the Youth Protection Act. [ 14 ] IN VIRTUE OF THE POWERS CONFERRED UPON THE COURT BY

SECTION 91 OF THE YOUTH PROTECTION ACT: [ 15 ] ORDERS that X be entrusted to her mother; [ 16 ] ORDERS that the frequency and modality of contacts between the father, his partner, Ms.

D and the child be determined by the Director of Youth Protection; [ 17 ] RECOMMENDS that the mother continue to follow through with services to address her alcohol consumption; [ 18 ] WITHDRAWS from the father certain attributes of parental authority, more specifically for traveling purposes, and GRANTS these rights exclusively to the mother; [ 19 ] STRONGLY RECOMMENDS that the father participate in and complete an appropriate anger management program and follow any recommendations made by the treating professionals; [ 20 ] ORDERS that the parents ensure that the child is not exposed to any alcohol or drug use; [ 21 ] ORDERS that the parents undergo random drug testing; [ 22 ] AUTHORIZES the Director of Youth Protection to share and obtain information with the family’s treating professionals including the father’s probation officer; [ 23 ] ORDERS a person working for Centre A to provide aid, counsel and assistance to the child and the family; [ 24 ] THE WHOLE FOR A PERIOD OF NINE

(9) MONTHS; [ 25 ] ENTRUSTS the situation of X to the Director of Youth Protection A who shall see that these measures are carried out and these measures may be executed by any peace officer, if necessary. _________________________________ CLAUDE LAMOUREUX, J.C.Q. M e Nadia Sabik Attorney for the applicant Me François De Vette Attorney for the mother M e Marie-Odile Lamaute Attorney for the child Judgment rendered verbally on November 20, 2015 CL/nl