2011 QCCQ 15130, 2011 QCCQ 15130

Protection de la jeunesse — 115405 2011 QCCQ 15130 JS0899 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 505-41-006287-108 505-41-006288-106 DATE: March 15, 2011 ______________________________________________________________________ BY THE HONOURABLE JEAN-PIERRE SAINTONGE ______________________________________________________________________ IN THE MATTER OF THE CHILDREN : X Y Born on […], 2008 [SOCIAL WORKER 1] Youth protection worker duly authorized by the Director of Youth Protection Petitioner and A Mother of the two children ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Court is seized of two motions for protection under the Youth Protection Act concerning the children X and Y, twin brothers born on […], 2008. [ 2 ] The petitioner, acting for the Director of Youth Protection, considers that the security and the development of the two children are in danger for the following facts appearing in paragraph 3 of the two motions : "

a) the children have been living with Mrs B since their birth ;

b) on April 8 th , 2010, the children have been entrusted to Mrs B through temporary voluntary measures signed by the mother ;

c) on May 27 th , 2010, the mother signed an agreement on voluntary measures for a period of six months following which her third child was entrusted to her taking act that she was residing with her child at the House A;

d) on that date, the mother signed an agreement on voluntary measures for a period of one year following which her two older children were entrusted to the mother's foster sister Mrs B;

e) at that time, the mother was residing with her foster sister and her three children ;

f) during her stay at the House A, the mother needed constant support and motivation in the taking care of her youngest child ;

g) in October 2010, the mother benefited from a psychological evaluation which concluded that the mother didn't not present the necessary parental capacities to take care of a child on her own and concluded that she needed constant supervision ;

h) following the said conclusion, on November 16, 2010, the House A informed your petitioner that the mother was not part of their specific clientele and that they were unable to have the mother and child stay at their facilities for a long period of time ;

i) the mother disagrees with the conclusions of the psychological evaluation ;

j) your petitioner suggested to the mother that she goes and stays with her youngest child at her foster mother's home in Province A, which she refused ;

k) House A agrees that the mother and her child stay in their facilities for the next thirty days ;

l) the mother has never assume complete charge of herself or of her children on her own ;" [ 3 ] For the hearing, the social worker acting for the Director and in charge of the files, is present with the Director's attorney, the mother is present with her attorney and the children are represented by their attorney. [ 4 ] The Court proceeds with a common inquiry in the cases of the twin brothers together with the case of their younger brother Z, born on [...], 2010. [ 5 ] The Director presented in the case of each of the twin brothers a motion for provisional measures and the Court ordered, last December 15, that the two children be entrusted to Mrs B with supportive measures.

At the same time, in the case of their brother Z, intermediate measures were also ordered by the Court entrusting the child to his mother, mother having to reside at the House A with her child. [ 6 ] In the conclusions of the motions for protection, the Director asks for the application of the following measures : for the two children to be entrusted to the care of Mrs B for a period of six months ; for measures of aid, counselling or assistance to the children and their family ; for contacts between the children and their mother to take place upon agreement between the parties and under the supervision of a third party designated by the Director ; for the mother to take an active

part in the application of the measures ordered. [ 7 ] The attorney of the Director files in each case, with the consent of the parties and in lieu of testimony of their authors, the following documents : For the child X : D-2 : a Court report dated December 9, 2010 and written by Mrs [Social Worker 1] ; D-3 : a complementary report dated March 7, 2011 and written by Mrs [Social Worker 1] ; D-4 : an Assessment of Intellectual Ability and Parental Capacity of the mother dated December 3 rd , 2010 and signed by E. Cukier, psychologist.

For the child Y : D-2 : a Court report dated December 9, 2010 and written by Mrs [Social Worker 1] ; D-3 : a complementary report dated March 7, 2011 and written by Mrs [Social Worker 1] ; D-4 : an Assessment of Intellectual Ability and Parental Capacity of the mother dated December 3rd, 2010 and signed by E.

Cukier, psychologist. [ 8 ] The mother, through her attorney, makes a general admission on the allegations of the motions and declares to be in agreement with the measures asked by the Director. [ 9 ] The attorney of the children, considering their young age, ignores the allegations of the motion and declares to be in agreement with the measures asked by the Director. [ 10 ] The documentary proof was completed by the testimony of the social worker in charge of the files, Mrs [Social Worker 1], and by the testimony of the mother of the children.

The Court hears the representations of the parties and then, authorizes Mrs B and Mrs C to be present in the Court Room. Mrs B confirms that she is ready to take charge of the twin brothers for the next six months and that she accepts to be evaluated as a foster family. [ 11 ] Out of all the evidence, the Court notes the following. The twin brothers have been living with Mrs B since their birth together with their mother. Mrs B is the foster sister of the mother, who was entrusted to Mrs C, B's mother, as a foster family in Province A from the age of fourteen to eighteen years old.

The mother of the children has kept contacts with her foster mother after she left her home in Province A and moved to the south-shore of City A a few years ago. Volontary measures were signed by the mother in April and May 2010, so that the twin brothers be entrusted to Mrs B and the mother still living with them. [ 12 ] The mother gave birth to another son, Z, on […], 2010.

On the next May 27, the mother has also signed an agreement on voluntary measures in the case of Z so that Z be entrusted to her taking act that she is to reside with the child at the House A. [ 13 ] In reality, since the birth of the twin brothers, Mrs B has offered positive support and supervision for the mother and the children. On the level of personal autonomy, the mother still shows major difficulties in taking care of herself.

The mother presents intellectual limitations and exhibits social and emotional immaturity which predisposes her to make poor decisions, faulty judgements and repeat previous mistakes, which have major implications on her parenting capacity as it appears from the different reports filed. The mother has never assumed complete charge of herself or of her children on her own. She seems unaware of her difficulties to meet her children's needs and requires constant guidance.

After the birth of her third child, the mother admitted to feel overwhelmed with three children and identified having trouble getting organized and accomplishing all the chores she had to do for taking care of her babies. The mother was therefore oriented towards the House A because her situation was representing a serious risk of neglect for the children. At

the House A, the mother could benefit from specific parenting programs to develop her parenting skills. The mother has stayed there from the end of May 2010 to Februrary 2011. She shows some improvments but she is still having difficulties such as lack of consistance and appropriated stimilation for the child, not beeing able to read the child cues and at times inhability to priorize her child's needs over her own.

Also, following the conclusions of the psychological evaluation by Dr Cuckier, psychologist, filed as exhibit D-4, the directors of the House A position themselves as not been able to keep the mother in their program on a long time basis. [ 14 ] So, the mother left the House A on February 3rd, 2011 and the Court, as provisional measures, then entrusted the child Z to the care of Mrs B with the twin brothers, with the presence of their mother at Mrs C's residence.

The mother is now planning to go back to Province A to her foster mother's place, Mrs C with her son Z. [ 15 ] Its is clear, in view of the proof presented, that the mother at the present time does not have the ability to assume the charge of her children on her own and is unable to respond to the children's needs. Because of her personal difficulties and intellectual limitations, the mother requires constant guidance and support because of her limited parenting capacities, her emotional and social immaturity and her inability to read her children's cues.

So that the Court concludes that the security and the development of the children are in danger. [ 16 ] Presently, the twin brothers X and Y are evolving well in the milieu of Mrs B where they have lived since their birth and their development seems to be normal. Further evaluation appears necessary to see their specific needs and the mother has signed the consent form to have the two children evaluated at the Socio Medical Clinic in city B. In the circumstances, the measures proposed by the Director and accepted by the parties are adequate and in the best interrest of the two children.

THEREFORE, THE COURT : [ 17 ] GRANTS the two motions ; [ 18 ] DECLARES that the security and the development of the two children are in danger ; [ 19 ] ORDERS the application of the following measures for a period of six months : ➢ That the two children be entrusted to Mrs B; ➢ That a person working for an institution or body provide aid, counselling or assistance to the two children and their family including Mrs B; ➢ That the contacts between the two children and their mother be upon agreement between the parties and under the supervision of a third party designated by the Director ; ➢ That the mother of the two children take an active

part in the application of the measures ordered ; [ 20 ] TAKES ACT that Mrs B accept to be evaluated as a foster family ; [ 21 ] ENTRUSTS the situation of the two children to the Director of Youth Protection of Les Centres jeunesse A for the execution ordered ; [ 22 ] The whole, without costs. __________________________________ JEAN-PIERRE SAINTONGE, j.c.q. Me Édith Godin Attorney for the petitioner Me Jean-Pierre Gaudreau Attorney for the two children Me Patrick Cormier Attorney for the mother