2018 QCCQ 18997, 2018 QCCQ 18997

Protection de la jeunesse — 1810228 2018 QCCQ 18997 COURT OF QUEBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 614-41-000358-186 614-41-000359-184 DATE: December 5, 2018 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2016 Y, born on [...], 2017 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A, residing and domiciled in [...] Mother and B, residing and domiciled in [...] Father ______________________________________________________________________ JUDGMENT (sections 38, 71 and 91 of the 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 ] The Director of Youth Protection of the Cree Board of Health and Social Services of James Bay (the Director) asks the Court to declare the security and development of Y, born on [...], 2017, and X, born on [...], 2016, in danger because the parents fail to provide the appropriate supervision or support, the serious risk of neglect of the parents and because the psychological ill-treatment (sections 38 b) 1 o iii, 2 o and

c) of the Youth Protection Act ). [ 2 ] At the hearing, the mother is present with her lawyer Me Marie-Josée Ayoub. The absent father is represented by Me Michel Grenier and Me Yan Massé represents the children. Me Adelia Ferreira represents the applicant Mrs. [social worker 1], delegate duly authorised by the Director. [ 3 ] The evidence is constituted of admissions by the parents, the testimonies of the applicant and the mother. [ 4 ] It is proved that the situations of Y and X were the subjects of petitions for protection in 2017 for issues related to alcohol consumption and conjugal violence.

These proceedings were discontinued because the mother took the necessary steps to help herself and because the father was sentenced to one year of imprisonment. [ 5 ] The father served 10 months of his sentence and was released around May 10, 2018. [ 6 ] The parents resumed their relationship soon after the father’s release. The mother relapsed in her issues related to alcohol. [ 7 ] On July 20, 2018, the children were removed from the home. The mother had left them with a visitor that had stopped by, asking for cigarettes. The mother told the visitor to wait a little, then left home and did not return.

On the same day, the children were placed in foster home. [ 8 ] At the time, the children look dirty, unkempt. When asked to, it was impossible for the mother to find clean clothes for them or even shoes. [ 9 ] The home was also seen very messy on July 23, 2018, when the social worker went to the parent’s home. There was food on the walls. The floor was very sticky and there were clothes everywhere on the floor. Many empty beer boxes were on the front porch and beer cans were on the lawn.

That day, the parents signed a provisional agreement with regards to the placement. [ 10 ] Following the placement, the mother did not collaborate with the Director. She missed the meetings scheduled on July 30, August 3 and August 6. On that day, she called to ask for a visit but did not visit the children. She only saw them on July 23, when the

applicant went to the home to get clothes for the children. [ 11 ] On August 7, when the applicant went to the mother’s home, it was still messy. The same night, the mother was seen intoxicated. [ 12 ] The father did not contact the Director since the signing of the provisional measures. [ 13 ] The mother stated that the father has not changed. He still is violent with her in front of the children.

He pleaded guilty last August for a violent assault and is serving imprisonment until December 22. [ 14 ] Because of the seriousness of the issues of the parents, their lack of parental capacities, their neglect towards the children and the violent behaviour they witnessed, the Court declares that the security and development of the two children are in danger according to

section 38 b) 1 o iii, 2 o and

c) of the Youth Protection Act . [ 15 ] For the measures, the Director in his social report recommends that the children be placed in foster home for one year. The parents agree with the recommendations. They accept to attend treatment, therapies and to develop their parental capacities. [ 16 ] Considering the young age of these children, the parents have to mobilize themselves rapidly to avoid long-term placement of their children. [ 17 ] An intervention plan had to be prepared and explained to the parents.

They will know what is expected from them and the delay to achieve the skills. [ 18 ] A calendar of the mother’s visits should also be prepared and provided. [ 19 ] Considering the parties' agreement with the measures; [ 20 ] Considering the children’s interest; FOR THOSE MOTIVES, THE COURT: [ 21 ] GRANTS the motions; [ 22 ] DECLARES that the security and development of Y, born on [...], 2017, and X, born on [...], 2016, are in danger in regards of

section 38 b) 1 o iii, 2 o and

c) of the Youth Protection Act . [ 23 ] ORDERS the placement of the children in foster home for one year; [ 24 ] ORDERS the Director to provide the children all the necessary medical care they might require; [ 25 ] ORDERS the parents to complete a substance abuse treatment program; [ 26 ] ORDERS the parents to enroll to a parental skills workshop; [ 27 ] ORDERS the father to attend an anger management therapy; [ 28 ] ORDERS the Director to supervise the visits between the parents and the children as for the modalities, duration, location and frequency; [ 29 ] ORDERS the Director to provide aid, counsel and assistance to the parents and the children for one year; [ 30 ] AUTHORIZES the Director to make unannounced visits to the parent’s home when the children will be present for visits; [ 31 ] ORDERS the parents to authorize the Director to obtain and share information with other service providers working with them, including the police; [ 32 ] ENTRUSTS the situation of the children to the Director who shall then see that the measures are carried out. __________________________________ DENYSE LEDUC, J.C.Q.

Me Yan Massé Attorney for the child Me Adelia Ferreira Attorney for the applicant Me Marie-Josée Ayoub

Attorney for the mother Me Michel Grenier Attorney for the father Date of hearing: November 15, 2018