r v. B, 2014 QCCQ 17984

Protection de la jeunesse — 145892 2014 QCCQ 17984 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-004683-143 760-41-004684-141 760-41-004685-148 760-41-004686-146 DATE: August 18, 2014 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X, born on […], 2001 Y, born on […], 2007 Z , born on […], 2008 A , born on […], 2011 Children ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner v.

B C Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 presents a motion for protection concerning the siblings X, Y, Z and A, born respectively on […], 2001, […], 2007, […], 2008 and […], 2011. [ 2 ] The motion submits that the security and the development of the children are in danger in reason of a serious risk of neglect.

The Director recommends that the children remain with their mother with the application of various protective measures for 6 months. [ 3 ] The Court proceeds in the absence of the father. The caseworker testifies to the effect that the father resides in [Country A] but is of unknown address.

He has spoken to the caseworker and agrees to the orientation, although he denies drinking alcohol in his children's presence. [ 4 ] The parties present at the hearing consign their admissions to the Court file and acquiesce to the conclusions sought by the Director. [ 5 ] Analysis and Decision [ 6 ] At the initial evaluation by the Director of Youth Protection, the children reside with their mother. They see their father on a regular basis, namely every second weekend at their paternal grandparent's home. [ 7 ] The mother admits that both parents have alcohol dependency issues.

[ 8 ] The mother states that she drinks every Tuesday after school. In June 2014, she leaves her children in the care of a babysitter, without mentioning her whereabouts. Having no news of the mother, the babysitter leaves the domicile at midnight; the children are then left alone. [ 9 ] It is at this juncture that protective services intervene to evaluate the situation of the children.

In addition to this issue of abandonment, the Director observes other elements of neglect, namely: ➢ The children have a persistent head lice problem; ➢ The immunizations are not up-to-date for X, Y and Z; ➢ The mother hasn't completed the process for A, Y and Z to receive their status cards, thereby making access to services more difficult; ➢ X, Y and Z show significant school absenteeism; [ 10 ] On a provisional basis, the Court entrusts the children to the care of their paternal grandmother. [ 11 ] The mother cooperates fully in the intervention and recognizes the necessity to effectuate immediate change in her personal situation.

She participates with the community services, namely by attending counselling as well as a drug and alcohol assessment in view of putting a treatment plan in place. [ 12 ] As of August 2014, the mother demonstrates being able to stem her alcohol consumption and to focusing on her children's needs. The improvements shown in her situation justify that the children transition back to her care, with continued monitoring from social services. [ 13 ] The situation is now progressing positively and the mother remains available to give priority to her children's education, care and needs.

The parties agree that protective services are still pertinent for 6 months in reason of a continued serious risk of neglect, in order primarily to support the mother in her efforts to permanently address her personal difficulties and ensure that the children remain in a safe environment. [ 14 ] To this effect, after considering the evidence, the Court determines that the facts of the motion justify the orientation suggested by the Director of Youth Protection, except for the following. [ 15 ] The Director asks for a recommendation to the effect that neither parent consume alcohol or illegal substances while in a care- giving role.

As to the mother, the evidence demonstrates that her dependency affects the children and furthermore, she consents to this measure. [ 16 ] The father lives in [Country A] and sees the children approximately twice a month, usually at a family member's domicile. The Director considers that the mother is able to organize and structure the contacts between the father and his children.

This, and the family structure, provides a secure environment for the access. [ 17 ] As to the recommendation of non-consumption, although the father admits to the caseworker to consuming alcohol, he denies ever being under the influence during his contact periods. The evidence is not convincing as to the importance of his alcohol consumption, nor of any significant impact on the children.

The caseworker testifies to having no information as to the incidents of the father being in an inebriated state during his contacts with the children. [ 18 ] After analysis, the Court determines that the Director fails to meet its onus, as to this recommendation being necessary in regards to a serious risk of neglect, as concerns the father. [ 19 ] FOR ALL THESE REASONS, THE COURT: [ 20 ] GRANTS the motions for protection; [ 21 ] DECLARES that the security and development of the children are in danger, in reason of a serious risk of neglect; [ 22 ] ENTRUSTS the children to their mother; [ 23 ] RECOMMENDS that the mother follows the recommendations of the drugs and alcohol assessment; [ 24 ] RECOMMENDS that the mother continues counseling with Holistic Health and Wellness; [ 25 ] RECOMMENDS that the mother cooperate and participate with the Nurturing Parenting Program offered by the A.C.F.S. ; [ 26 ] RECOMMENDS that the mother not consume alcohol or illegal substances while in her care giving role; [ 27 ] ORDERS that the contacts between the children and their father be upon agreement between the parties; [ 28 ] ORDERS that a person working for an institution or a body provides aid, counselling and assistance to the children and their family for 6 months; [ 29 ] ENTRUSTS the situation of the children to the Director of Youth Protection of the Centre jeunesse A for the execution of the measures.

__________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Caterine Caron Attorney for the Petitioner Me Michel Robert Attorney for the mother Me Karine P. Poissant Attorney for the children Date of hearing: August 18, 2014