2011 QCCQ 20435, 2011 QCCQ 20435

Protection de la jeunesse — 117517 2011 QCCQ 20435 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000362-100 DATE: December 7, 2011 ______________________________________________________________________ BY THE HONOURABLE ROBERT LEVESQUE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] Petitioner and X Child and B and C Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] A petition for revision of an order in respect of X (2008-[…]) is referred to the Court by the Director of youth protection pursuant to

section 95 of the Youth Protection Act. [ 2 ] The petition is dated May 31, 2011 and several postponements had been since granted mainly because the mother had the intention to go for therapy. [ 3 ] The petition is based on the following assertions and facts :

a) on December 8, 2010, the children were returned home with their parents ;

b) since then, there have been physical and verbal abuse between the parents in the presence of their children ;

c) on March 28, 2011, Y was alone when she got home from school, locked out, Police were called by neighbours and Y was brought to a friends house until mother returned home ;

d) during a surprise visit of the Youth Protection Delegate, she noticed the window smashed that Mr B did hit during a fight with the mother ;

e) the mother's often no show nor call for her counselling visits or unwilling to cooperate ;

f) on April 20, Y and on May 3, Z reports at school that they are often hungry because they do not eat at home ;

g) on May 6, 2011, the mother took the father's truck with no licence for the entire day and did not come home until Mr B found her ;

h) then, a fight occurred and the mother left with her son A walking in the rain and cold A was not dressed properly and left him in the care of a 14 years old adolescent with out stuff for night at the adolescent's house ;

i) on May 10, the Youth Protection Delegate met the parents in regards to occurrence on May 6, and the mother became verbally abusive so the Delegate have to ended the session ;

j) on May 19, the mother left home to go get her methadone and did not return home until 4 in the morning and physical altercation occurred resulting in Mr B pushing Ms C down the stairs ;

k) on May 20, another dispute occurred between the parents and the mother broke 3 kitchen chairs throwing them outside the house ;

l) on May 20, the father asked that the Director of the Youth Protection place A since he is not his son ;

m) A was placed in foster family ;

n) the father agreed to move out on May 24, then the mother could stay in the apartment with all the children ;

o) the parents relationship is still problematic ;

p) the father has an alcohol related problem and went under the influence to get the children at the daycare ;

q) the Youth Delegate have serious concerns that the mother is taking drugs again because she is often at people's house where drugs are present ;

r) with all the services offered previously by the town A social service, the same situation has happened again and the young children are caught in all that ;

s) the parents did not change their way of life for their children well being ;

t) the parents have been well aware that if they have returned to the old pattern, the Youth Delegate will have to place their children ;

u) the mother is overwhelmed with her personal and domestic problems and cannot take adequate care of her children ;

v) the father wants to return to country A to find work ;

w) the children are extremely vulnerable due to their young age ;

x) the children needs a stable and secure home environment. [ 4 ] At the hearing, the parents are present with their lawyers.

They admit generally the allegations of the petition (save a few for the father) and they agree with the amended recommendations of the Director of youth protection. [ 5 ] The child's representative agrees also with the recommendations, seeing the position of the parents and the report's content. [ 6 ] The Court studied the petitioner's psychosocial report. [ 7 ] This report reveals that, between the last ordinance and the provisory placement of the child, many incidents happened involving neglect, aggressiveness between parents, alcohol and casualness. [ 8 ] Concerned citizens called.

School authorities were worrisome. Police had to intervene at times. [ 9 ] The parents did not attend the counselling sessions offered to them. [ 10 ] The parents are very inconsistent with child's visitations. [ 11 ] The father prioritizes his work, being frequently absent (working in town B). He denies any responsibility for his children's situation, claiming the problem is the mother. [ 12 ] The two oldest children of the mother issued of another relationship are entrusted to foster care until their majority since 2007. [ 13 ] The Court also examined a report from a social worker of Services A.

This report is a comprehensive one and self-explanatory. Its conclusions are revealing : "This family situation is complex, as there are many elements to be considered. At first view, neglect is present since the birth of the first child. It is evident throughout the last 11 years that Mrs C has focused on her needs much more than those of her children. The basic needs of a child is : lodging, food, clothing, security, supervision and nurturing. Mrs C has moved many times, not only within the province, but to another country.

She has never showed any sense of stability, her lack of responsibility in her frequent moves, changing phone numbers without informing social workers and has not been able to work effectively with any of the services that have been provided to her in order to improve her life and establish sustainable change. Mrs C has chosen partners who have been violent, aggressive and have had addictions. She has brought these relationships in her children's lives, which have contributed to the instability and turmoil.

B, initially, demonstrated a concern for the children and presented a plan that could have been beneficial to his family situation. Throughout the years, he has cooperated with the services more than Mrs C, however this would fluctuate depending on his relationship status with Mrs C. During a separation, Mr B would inform

social workers of Mrs C's behaviours and addiction patterns, however when they would reconcile, he would support her and try to keep the family together. This showed instability on his part, as he could not put the needs of the children as a priority. Mr B would also have relapse in his addictions, which were primarily alcohol and cocaine. Addictions are a concern in both these parents, and play a major role in their pattern of neglect. Mrs C has stolen money and committed fraud ; she is presently facing multiple charges in provincial court.

Her need to use drugs would bring her to leave for several days, without informing the people who were caring for the children of her whereabouts. This would also be a source of conflict for the couple. The pattern of neglect that Mrs C has showed to her children has not changed in 11 years. Repeated multiple services have been offered to both parents ; always ending in vein. It is devastating that Mrs B has continued having more children, only to remain in the same lifestyle.

These children need caregivers that will given them the basic needs that they deserve; they can no longer wait for their parents to make changes.

This report is in support of Social Services B request for permanent Guardianship of the children." [ 14 ] It is obvious that the child needs a permanent life project. [ 15 ] Everything had been done and tried over the years and the parents did not change their way of life except for too short periods. [ 16 ] X was removed from home on a urgent measure on May 24, 2011 and was entrusted to Mrs D. [ 17 ] The Court heard Mrs [Social Worker 1], the petitioner, concerning Mrs D. [ 18 ] It appears that X knows Mrs D for almost all her life. [ 19 ] She was already placed with her in the past and the parents also required her services as babysitter. [ 20 ] When X was removed from home, she did not want to go at her grandparent's like her siblings and she insisted to go at Mrs D's. [ 21 ] A strong bond exists between X and Mrs D. [ 22 ] Mrs D acts as a foster family in town A since fifteen years.

She is very prepared and willing to be part of X's life on the long- term. [ 23 ] She is cooperative with the protection services and her relationship with the parents is good. [ 24 ] The Court is satisfied that the factors set by our Court of appeal ( [1] ) for a placement until majority are met. [ 25 ] Considering the report's content and the position of the parties, the Court grants the petition in the sense of the recommendations of the Director of youth protection filed today including a conclusion on maintaining access for the child to her [origin A] heritage.

WHEREFORE, THE COURT : [ 26 ] DECLARES that the security and the development of X are still considered to be in danger according to

section 38 of the Youth Protection Act ;

[ 27 ] ORDERS that X be entrusted to a foster home designated by the Director of Youth Protection, more specifically that she be entrusted to Mrs D ; [ 28 ] ORDERS that both parents remain actively involved with the child through visitation that are scheduled and supervised as deemed necessary by the Youth protection delegate ; [ 29 ] ORDERS that the parents continue to receive counselling services for their personal issues ; [ 30 ] ORDERS that the parents receive support from addiction services to deal with the alcohol/drug issues ; [ 31 ] ORDERS that the parents continue to receive parenting skills to improve their stability and consistency while with their children ; [ 32 ] WITHDRAWS from the parents the exercise of their parental authority with regard to the authorizations to be given concerning the routine or urgent health services, the social, academic, extracurricular activities and to obtain a passport, a social insurance card, a diver's license or any other legal paper that she may need and delegatES such authority to the Director of Youth Protection of the Centre jeunesse A in concert with the foster family ; [ 33 ] RECOMMENDS that X be also educated on her [origin A] heritage and be supported in participating in native cultural activities and, namely, that she be given the opportunity to attend regularly different cultural, religious, social or familial activities, particularly in the community A ; [ 34 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X, her family and her foster family ; [ 35 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A until [...], 2026 (date of her majority), for the carrying out of the present measures. __________________________________ ROBERT LEVESQUE, J.C.Q.

Me Janick Poirier, for the DYP Mrs Florence Frappier-Routhier, articled student in law at the Legal Aid Office for the child Me Marie-Christine Gagnon, for the father Me Andrée Rioux, for the mother