2017 QCCQ 5811, 2017 QCCQ 5811

Protection de la jeunesse — 172534 2017 QCCQ 5811 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 525-41-032084-170 DATE: March 27, 2017 ______________________________________________________________________ BY THE HONOURABLE LINE BACHAND, J.C.Q. ______________________________________________________________________ DIRECTOR OF THE YOUTH PROTECTION A X Born on [...], 2014 child and A mother JUDGMENT

Section 38 L.P.J. ______________________________________________________________________ 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, 11.2.1 and 135 Y.P.A.). [ 1 ] This judgment is the written version of a decision rendered verbally on March 27, 2017. [ 2 ] The Director of Youth Protection (Director) is requesting the Court to declare that the security or development of X (2 years old) is in danger. [ 3 ] The Director submits that the child is neglected under

section 38, subparagraph b)1 iii) and faces a serious risk of neglect under

section 38 b) (2) of the Youth Protection Act. [ 4 ] To correct the situation, the Director recommends that the child be entrusted to the foster home of Ms. B with a social follow up and other supportive measures for a period of 6 months. [ 5 ] The mother is present at the hearing and is represented by attorney. The child is also represented by attorney. [ 6 ] The mother generally admits the allegations of the Application. She agrees with the measures suggested by the Director. [ 7 ] The evidence is based on the testimony of the social worker, Ms [Social Worker 1] and several documents filed by the Director.

CONTEXT [ 8 ] The mother’s situation is known to the Court of Quebec, Youth Division regarding the child’s half-siblings. One of her children was adopted and the maternal grandmother is the tutor of the other child following decisions of the said Court. [ 9 ] On May 2, 2016, The Director received a report alleging concerns about neglect and substance abuse by the mother. There

were also concerns regarding lack of stimulation and developmental delays presented by the child. [ 10 ] Following the said report the mother was interviewed by a caseworker. She recognized that she has been abusing alcohol (40- 80 ounces of alcohol per day). She admitted intermittently struggling with alcohol abuse since she was 13 years old. She also indicated that she has been working very hard with the CLSC to ensure that X was well cared for. [ 11 ] On July 18, 2016, the mother signed an Agreement on Voluntary Measures for a period of 6 months.

Pursuant to the said Agreement, the child was entrusted to his maternal grandmother. [ 12 ] On two known occasions in 2016, the mother suffered from seizures due to excessive alcohol consumption. [ 13 ] During the summer 2016, the mother’s visits with the child were sporadic. Her whereabouts were frequently unknown. The mother explained that during this period she was drinking heavily because her father died accidentally in August 2016.

She also explained that she chose to stay away from X during that time because she did not want to expose him to her alcohol consumption. [ 14 ] The report filed as D-4 (p.5) summarizes the situation and the goals that the mother has to reach to be able to take care of X: “Ms. A has, to date, not completed a treatment program for her alcohol addiction. She asserts that she is sober but her addiction is longstanding and chronic, leading to the removal from her care of all her children. Ms. A’ alcoholism precludes her from being able to care for X at the present time.

Considering the chronicity and lack of treatment coupled with the many psychosocial stressors she is facing at this time (her father’s sudden death, her addiction, X not being in her care), it is unlikely that she can ever be sober without treatment and support. Moreover, X has achieved stability and security in the care of his grandmother who is committed to him for as long as needed. […] For the present, the goal is to work towards the eventual return of X to his mother, if possible.

For this goal to be realized, the following objectives would need to be met: • That X remains in an environment where his needs are met while Ms. A makes the necessary changes in her situation; • That Ms. A demonstrates sustained sobriety; • That Ms. A demonstrates an ability to parent effectively and safely while exercising good judgment in her decision making about her child’s well being; • That Ms.

A develop her parenting skills to the point where she can independently meet X’ needs for supervision, stimulation, appropriate discipline (without physical punishment), ongoing and consistent medical care; • That Ms.

A demonstrate an ability to actively and genuinely collaborate and communicate honestly with the Director throughout our involvement.” [ 15 ] The Director concludes that failure to meet the said objectives would require the development of an alternative permanent plan. [ 16 ] During the hearing, the mother’s attorney declares that she will integrate the “centre Le Portage” in a few days. [ 17 ] There are also concerns about the child’s possible developmental speech delays. [ 18 ] CONSIDERING all these reasons and the consents of the parties; [ 19 ] THE COURT: [ 20 ] GRANTS the Application; [ 21 ] DECLARES that the security and development of X are compromised on the ground of

Section 38 b) 1) iii) and b) 2 of the Youth Protection Act; [ 22 ] AS FOR THE MEASURES : [ 23 ] ORDERS that X be entrusted to a foster home of Ms B for the next period of six (6) months; [ 24 ] RECOMMENDS to the Director to pay a special attention to the speech delay of the child and if necessary, to address the situation; [ 25 ] ORDERS that the frequency and modality of contact between Ms. A and X be determined by the Director of Youth Protection; [ 26 ] ORDERS that X receives all the medical, psychological, dental and any other services required by his condition; [ 27 ] ORDERS Ms.

A to undergo random alcohol testing at the request of the worker, TAKING NOTE of her agreement to do so; [ 28 ] STRONGLY RECOMMENDS that Ms. A avail herself of services to address her alcohol addiction and take ongoing steps to enhance her parental capacity;

[ 29 ] AUTHORIZES the Director of Youth Protection to share/obtain pertinent information with the professionals working with the family; [ 30 ] ORDERS that aid, counsel and assistance be provided to the child and his family for a period of six (6) months; [ 31 ] ENTRUSTS the situation of the children to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 32 ] ORDERS the execution of this judgement by any peace officer, if necessary; __________________________________ Line BACHAND, J.C.Q. Me Nadia SABIK Director’s Atorney Me Alexandre LÉNIS Child’s attorney Me Francis CLOUTIER Mother’s attorney Date of hearing: March 27 2017