2015 QCCQ 19151, 2015 QCCQ 19151

Protection de la jeunesse — 156857 2015 QCCQ 19151 JA0510 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] «Youth Division» N° : 505-41-007772-140 DATE : February 9th, 2015 BY THE HONOURABLE : MIREILLE ALLAIRE In the matter of the child: X Born on [...], 2013 [Social Worker 1] , in capacity authorized person by the Youth Protection Director Declarant and A, B, Parent of the child JUDGMENT

Section 38 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 11.2.1 and 135 Y.P.A. ] [ 1 ] The Court is asked to make a determination on a declaration of protection according to

section 38 of the Youth Protection Act. [ 2 ] In support of demand, the declarant alleges that the security and development of the child are compromised for the following reasons: “

a) The child has many medical needs, he was born with gastroschisis and was hospitalized for thirteen months;

b) Since his release from the hospital, the child has been living with his mother and his paternal grandmother;

c) On August 17 th , 2014, the mother was arrested and detained for possession for the purpose of trafficking, resisting arrest and operating a motor vehicle when disqualified;

d) On August 18 th , 2014, the father called the social services for assistance because he was concerns for his child;

e) On the same date, the father picked up his son from the mother’s home;

f) On the same date, the father informed the petitioner that Kahnawake Peacekeepers had informed him that his child’s medication had residue of the mother’s cocaine on the packaging;

g) The father stated that he had asked the mother on several occasions to cease using and selling illegal drugs;

h) On August 19 th , 2014, the mother was released from prison with conditions;

i) On August 20 th , 2014, the mother admitted to your petitioner that she was using drugs and refused to stop selling drugs;

j) On the same date, in a meeting, the mother agreed to allow her son to stay with the father;

k) After the meeting, the mother called back and reported that she would prefer that a judge removes the child from her instead of being her choice;

l) On August 20 th , 2014, immediate protective measures were invoked entrusting the child to his father;

m) The mother: i. States that she does not see how her lifestyle of trafficking cocaine and using narcotics may endanger her child; ii. States that she has no intention to make any changes; iii. Refuses to work with all KSCS services to correct her situation; iv. Did not bring her child’s medication to KSCS as requested;

n) The father has family who can help him with the care of the child during working hours;

o) The father is actively seeking to petition the Superior Court to gain full legal custody of the child;” [ 3 ] The child, by attorney, ignores all of the allegations of the declaration and after hearing the evidence, agrees to the conclusions. [ 4 ] The mother, through her attorney, admits most of the allegations of the declaration and she contests the amended conclusions. She asks that her son be entrusted to her. [ 5 ] The mother meets regularly with her addiction worker and she abstains from drugs.

She has difficult time with letting go of some control, because her son has very important special dietary needs. [ 6 ] The father is struggling with addiction to alcohol but he has made the realization and commitment to enter into an alcohol and drag rehabilitation center. He wants to be the best parent he can for his child. [ 7 ] Mrs. A’s family does not want the father to go home to his band.

The maternal grandparent’s doe not seem to realize that the conflict with the father, maintain that the child will grow up in confusion anxiety, and conflict of loyalty. [ 8 ] The Court believes that both parents love their son and that they want the best for him.

So in the best interest of the child X should be entrusted to his parents. [ 9 ] The father, through his attorney, admits most of the allegations of the declaration and agrees to the amended conclusions. [ 10 ] By consent of the parties, the following reports are filed: D-2 Kahnawake Mohawk Peacekeeper incident report dated August 17, 2014, written by Officer Nathan White; D-3 Birth certificate; D-4 Calendar from August to November 2014, in bundle; D-5 38 Court Report written by [Social Worker 1] on October 29, 2014; D-6 Letter from Addiction worker Mr. David Archer, dated October 27, 2014; D-7 Letter from Ms.

A and Ms C dated September 2 nd , 2014; D-8 Rapport de dépistage de drogues et/ou d'alcool, dated September 29, 2014 on October 22nd, 2014, in bundle; D-9 Letter from Addiction worker Alannah Burns, stagiaire dated October 28, 2014; D-10 95 Addendum report written by [Social Worker 1] on February 4, 2015, including the following attachments: → Kahnawake Mohawk Peacekeeper Incident Report dated January 8, 2015 written by Officer John Dee Delormier; → Kahnawake Mohawk Peacekeeper Incident Report dated January 21, 2015 written by Officer John Dee Delormier; → Letter from Addiction worker Mr.

David Archer, dated January 10, 2015; → Calendars from February to June 2015, in bundle. [ 11 ] After hearing the evidence, the Court is satisfied that the mother and the father take good care of their son. He is gaining weight and his gavage feeding has been reduced to six days a week. The medical appointment was reduced to once a month and a half. X is attached to both of his parents. [ 12 ] On those grounds, the Court: [ 13 ] GRANTS the present motion; [ 14 ] DECLARES that the security and the development of the child X are in danger: 38c) psychological ill-treatment;

[ 15 ] ORDERS that the child be entrusted to his parents. The parents will

schedule a monthly calendar with the caseworker and keep a communication booklet; [ 16 ] TAKES ACT that it is already done until June; [ 17 ] TAKES ACT that the father will continue the process to enter into a residential Alcohol and Drug treatment program at the Onen’to:kon Healing Lodge beginning the February 23 rd , 2015; [ 18 ] ORDERS that the visitation rights of the father be on March 1, 2, 7, 8, 15, 16, 21, 22, 29 and 30; [ 19 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and the family; [ 20 ] ORDERS that the parents participate actively to the present measures, more particularly that they implicate themselves in an intervention plan; [ 21 ] ORDERS that the parents work with a parenting worker and follow recommendations; [ 22 ] ORDERS that the parents meet with the caseworker on a regular scheduled basis; [ 23 ] ORDERS that the parents ensure that the child receive all health services required and follow recommendations; [ 24 ] TAKES ACT that the parents agree to random alcohol and drug screening; [ 25 ] ORDERS that the parents continue to work with an addiction worker and follow recommendations; [ 26 ] ENTRUSTS the situation of the child to the Director of Youth Protection of Le Centre jeunesse A for the execution of the judgment to intervene herein; [ 27 ] THE WHOLE for a period of six (6) months; [ 28 ] THE WHOLE without costs. __________________________________ MIREILLE ALLAIRE, J.C.Q.

Me Charlotte Vanier Perras Attorney for the child Me Patrick-Olivier Mailhot Attorney for the declarant Me Simon Richter Attorney for the mother Me Kathleen O’Meara Attorney for the father