2013 QCCQ 14778, 2013 QCCQ 14778

Protection de la jeunesse — 133551 2013 QCCQ 14778 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] "Youth Division" No: 145-41-000433-133 DATE: June 12, 2013 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] Petitioner and X , born on [...] , 2009 Child and A Mother and B Father ______________________________________________________________________ JUDGMENT JP2122 ______________________________________________________________________ [ 1 ] The director of youth protection asks the Court to grant petitions for protection concerning three children and to entrust them to foster families until the end of this year. [ 2 ] X , Y and Z are very young children, even more vulnerable because of their parents' tremendous personal problems.

[ 3 ] The mother is 23 year-old. She struggles with long lasting personal issues. Her own mother suffered from addiction problems for many years. The mother had to cope with abuse as a child. She had behaviour disturbances and spent time in and out of a rehabilitation centre during most of her teenage years. She has been drinking and using drugs since a young age. She also suffers from a high level of anxiety. [ 4 ] The parents become a couple when the mother is 18 year-old. The father is 14 year- older than her.

They have a stormy relationship, with aggressiveness and domestic violence. [ 5 ] Both parents have severe addiction problems. [ 6 ] Their first child, X , was born addicted to crack cocaine. Their second daughter, Y , was born one month prematurely, and also addicted to crack cocaine. [ 7 ] The children's situation is reported to the director of youth protection for the first time in July 2011. A few days later, the two young girls are entrusted to members of their extended family for 30 days. They return home in September 2011, with services put in place and support from extended family.

At that time, the parents live apart and children are with their mother. [ 8 ] At the end of 2011, the mother drops the children at their paternal grandmother's and doesn't return to take them back. In January 2012, both children are entrusted to the paternal grandmother, for the next six months. [ 9 ] At that time, the parents see each other again, the mother is pregnant with their third child and still using drugs.

She is released from a methadone program due to non-compliance. [ 10 ] Around March 2012, the father moves back with the mother. [ 11 ] The mother is involved in a new methadone program and, for a short period of time she is doing well. She meets with the youth protection delegate and cooperates with services. She doesn't test positive to any substance but methadone. [ 12 ] It is in that context that children return home on July 16, 2012. The parents receive support from the father's extended family. Sadly, problems are still very present. [ 13 ] On [...], 2012, the mother gives birth to her son.

Shortly after his birth, a toxicology screen test on the baby shows positive results for different drugs, notably amphetamines. After three days, the baby needs treatment with morphine for drug withdrawal. [ 14 ] In October 2012, both parents attend treatment at A rehabilitation centre. Their two daughters are with relatives while the baby is with the mother. It is very difficult for the mother to take proper care of her son in Town A . She displays limited parenting skills. [ 15 ] On December 18, both parents leave Town A , even though their rehabilitation program is not completed yet.

They come back home, as a couple, and their youngest daughter is entrusted back to them, as the oldest girl remains in foster care a little longer. [ 16 ] Services are put into place, again, for the parents, with regards to addictions, parental support, anger management and counselling. They submit themselves to random drug tests.

They were both rejected from their methadone program and try to attend a new one. [ 17 ] Social services make surprise visits home and state that things go well. However, there is no structure nor routine at home and there is concern about the baby's feeding. [ 18 ] On February 1, 2013, the mother requests respite care for the children. She discloses that she thinks the father is back on heavy drugs. Meanwhile, his drug tests are positive. The parents split, once more, in March, only to come back together after a few days.

At the same time, professionals who try to help the family all notice that both parents lack cooperation. They miss many of their scheduled appointments. [ 19 ] On April 16, the mother admits to be overwhelmed with her personal and family situation. She is worried about her children's safety. The family lives in a constant turmoil. The children are finally removed and entrusted to relatives, as foster families. [ 20 ] The mother then decides to enter a detox program, but she checks herself out after one day. [ 21 ] The mother admits her difficulties and discusses openly her situation.

However, she is not able to undertake necessary steps to modify her lifestyle. Addiction is a serious issue and so is her relationship with the father. [ 22 ] As for the father, he is present in court, but his collaboration with the youth protection delegate is nonexistent. [ 23 ] Both parents agree for the children to be entrusted to a foster family. [ 24 ] The evidence reveals that removing the children from their parents' care is necessary in order to ensure their security and permit them to progress. They are extremely vulnerable, due to their young age.

They need responsible adults taking care of them and neither their father nor their mother can do that. [ 25 ] Major changes should be witnessed before the children's return can be foreseen. This deplorable situation has been going on for too long. It is time to put the focus on the children's need instead of their parents'. THEREFORE, THE COURT: [ 26 ] GRANTS the present petition for protection; [ 27 ] DECLARES that the security and development of X are considered to be in danger according to

section 38 of the youth protection act; [ 28 ] ORDERS that X be entrusted to a foster family designated by the director of youth protection until December 31, 2013; [ 29 ] ORDERS that the visits be authorized and supervised by the director of youth protection as long as deemed necessary; [ 30 ] RECOMMENDS that the parents participate in a parental and psychological evaluation; [ 31 ] RECOMMENDS that the parents actively participate in follow-up with an addictions counsellor and treatment if deemed necessary;

[ 32 ] RECOMMENDS that the parents actively participate in psychological counselling to help deal with their personal issues; [ 33 ] ORDERS that the parents benefit from an external educator to support them with behaviour, discipline, structure and routine if needed; [ 34 ] ORDERS that neither parent talk negatively about the other in the presence of the children; [ 35 ] RECOMMENDS that the parents participate in anger management therapy; [ 36 ] ORDERS that the parents actively participate in the application of the measure intended to put an end to the situation of endangerment; [ 37 ] ORDERS that a person working for an establishment or an organism provide aid, counsel and assistance to X and her family until December 31, 2013; [ 38 ] ENTRUSTS the situation of X to the director of youth protection of the Centre A for the carrying out of the present measures. __________________________________ JANICK POIRIER, J.C.Q.

ME LOUYSE A. LEMIEUX for the petitioner ME FLORENCE FRAPPIER-ROUTHIER for the child MS A the mother MR B the father Written judgment filed on July 16, 2013