2013 QCCQ 18714, 2013 QCCQ 18714

Protection de la jeunesse — 137286 2013 QCCQ 18714 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth chamber No: 640-41-001675-138 DATE: Hearing and oral judgment : November 13, 2013 Written judgment : December 19, 2013 ______________________________________________________________________ BY THE HONOURABLE JUANITA WESTMORELAND-TRAORÉ, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2007 [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A working in City A Applicant -and- A , residing and domiciled in City A , Quebec, district A Mother ______________________________________________________________________ JUDGMENT (

Section 38 and 91 , Youth Protection Act, R.S.Q. c. P-34.1 ) ______________________________________________________________________ Introduction [ 1 ] The Court hereby gives reasons for the oral judgment rendered November 13, 2013 on the Motion for Protection according to

Section 38 of the Youth Protection Act , hereinafter referred to as the Act. [ 2 ] The Director of Youth Protection is seeking placement of the child X in a foster home for six months in order to build a life plan with social support. [ 3 ] The mother was present at the hearing and represented by a lawyer. The child was represented by her lawyer. [ 4 ] The mother agrees to the recommendations of the Director of Youth Protection. After hearing the evidence, the lawyer for the child X also agreed with the recommendations of the Director.

The Facts [ 5 ] X is six years old. [ 6 ] She resides presently with her maternal grandmother who is an educator. The mother has regular contacts with her daughter. [ 7 ] The mother admits that she and X's father have alcohol problems. She admits that the police are called upon regularly to intervene and that they have been arrested several times. Occurrence reports were filed in lieu of testimony according to

Article 294.1 C.p.c.; these reports show that the mother was often observed intoxicated outside her house, at times in dispute or fighting with her boyfriend B. These reports also concern the mother's boyfriend, who was intoxicated on many occasions. [ 8 ] The mother's boyfriend is known to be very aggressive and hostile to Youth Protection workers. [ 9 ] He has a conviction for sexual assault against a former spouse and others for multiple situations of conjugal violence. [ 10 ] Ms. A, X's mother, has not been able to follow through with her intention to enrol in treatment for her alcohol issues. [ 11 ] The child X is doing well with her grandmother. Analysis

[ 12 ] The evidence proves that the mother's dependency on alcohol and her lack of commitment to obtaining treatment, as well as her aggressiveness when intoxicated, have placed the child in jeopardy.

Her mother has been found on several occasions intoxicated outside the house. [ 13 ] According to the Court Report Subsequent to Voluntary Measures, dated November 4, 2013, prepared by [Social Worker 1], the DYP delegate and the witness for the DYP, the mother does not recognize the problem of violence in the household and denies the criminal past of her boyfriend. [ 14 ] The Court Report also gives the history of seven voluntary or provisional measures concerning X, beginning December 11, 2007 up to April 22, 2013. [ 15 ] Since August 2012, the child has been in foster care with her maternal grandparents.

She is well cared for and appreciates being there. [ 16 ] Because of this long history of alcohol abuse and aggressiveness on the part of the mother, and the alcohol abuse and violence on the part of the boyfriend, as well as the mother's lack of acknowledgement of the problems caused by her boyfriend, the security and development of X are in danger. [ 17 ] Ms. A was told that because of the repetitive nature of her alcohol problems and her failure to address them, there is little reason to believe that there will be a change for the better.

She has been told that a life plan will be prepared for X during the next six-month placement and that unless there are signs of positive improvement with her personal issues, X will be placed until her age of majority. Conclusion [ 18 ] Considering the admissions of the mother, the oral and documentary evidence, as well as the agreement of the parties to the measures recommended by the Director of Youth Protection, the Court finds that there is a serious risk that the mother is not providing for the child's basic needs as provided

Section 38 (b) (2) of the Act . [ 19 ] There is also a failure by the mother to provide the child with the appropriate supervision and support as described in

Section 3 (b) (1) (iii) if the Act . [ 20 ] Since the mother does not acknowledge the prior convictions of her boyfriend for sexual aggression and conjugal violence, there also exists a situation, described in

Section 38 (d) (2) of the Act , in which the child runs a serious risk of being subjected to gestures of a sexual nature by the boyfriend of her mother, while the mother fails to take any steps to eliminate it. [ 21 ] FOR ALL THESE REASONS, THE COURT : [ 22 ] GRANTS the Motion for Protection; [ 23 ] DECLARES that the security and development of the child X, born on […], 2007, are in danger under

section 38 (

b) of the Act ; [ 24 ] ORDERS that the child X be placed in a foster home for a period of six (6) months in order to build a life plan.

The court notes that the present foster home is with the maternal grandmother; [ 25 ] ORDERS that aid, counsel and assistance be provided to the child and the mother by the Director of Youth Protection; [ 26 ] ORDERS that contact between the child, the mother and B be controlled by the Director of Youth Protection regarding modalities, frequency and the degree of supervision required; [ 27 ] ORDERS that the child and the mother actively participate in the measures ordered; [ 28 ] ORDERS the mother to be sober while in the presence of the child; [ 29 ] ORDERS the police to collaborate in the execution of this order; [ 30 ] ENTRUSTS the child's situation to the Director of Youth Protection A for the purpose of executing the order. ______________________________________ JUANITA WESTMORELAND-TRAORÉ, J.C.Q.

M e Joanie Jacob Lawyer for child M e Robert-André Adam

Lawyer for the D.Y.P. M e Marie-Claude Degagné Lawyer for the mother Date of hearing : November 13, 2013