2013 QCCQ 5784, 2013 QCCQ 5784

Protection de la jeunesse — 131027 2013 QCCQ 5784 COURT OF QUEBEC YOUTH DIVISION CANADA PROVINCE OF QUEBEC DISTRICT [...] N°: 525-41-023137-102 DATE: April 23, 2013 ______________________________________________________________________ BY THE HONOURABLE ANN-MARIE JONES, J.C.Q. ______________________________________________________________________ Director of Youth Protection of A Youth and Family Centres Applicant - and - X Born […], 2009 - and - A - and - B Respondents ______________________________________________________________________ JUDGEMENT

Section 95 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 hereby confirms and gives the reasons for a decision rendered verbally at the hearing of April 23, 2013, in accordance with the requirements of

section 90 of the law. [ 2 ] The Court was presented with a motion for extension by the Director of Youth Protection of an order rendered October 17, 2012, entrusting the child to foster care with a social follow-up, as well as other specific measures, until April 17, 2013. [ 3 ] The principal facts alleged in support of the motion are the following: • The child remains in the same foster home where he continues to develop well; • The mother continues to struggle with substance abuse, more particularly but not restrictively in that: . the mother failed to enter the inpatient program at [A center] . the mother continues to consume alcohol; • The mother did follow through with the assessment at the A Hospital which involved a 9 hour evaluation to determine which service from the hospital would best meet her needs and is currently waiting for the appropriate resource referral; • The mother only recently obtained housing of her own; • The mother maintains supervised contact with the child under the condition that she is not under the influence of substances; • The mother acknowledges that she is not in a position to resume the care of the child at this point in time; • The father remains living with the paternal grandmother;

• The father continues to take steps to address his personal issues, more particularly but not restrictively in that: . the father completed a 13 week outpatient drug rehabilitation program at centerA; . the father is currently participating in a recovery and maintenance program to uphold his sobriety; . the father is attending Alcoholics Anonymous regularly and is in contact with a sponsor; . the father is actively seeking employment following the completion of a three week job search program through Emploi Quebec; . the father underwent a parental capacity assessment; • The father maintains regular contacts with the child, such contacts are positive; • The father remains committed towards the intervention and his open to receiving services to address his personal issues; • The father requires additional time to sustain his gains and further stabilize his personal situation prior to returning the child to his care. [ 4 ] The Director of Youth Protection recommends that the child be maintained in his current [C center] for a period of six months and that he be reintegrated to his father’s care during the last two months of the order, if the situation allows. [ 5 ] Furthermore, that a social follow-up be provided to the family for one year. [ 6 ] The parents admit the majority of the facts alleged in the motion and consent to the measures recommended by the Director of Youth Protection. [ 7 ] The mother now lives in her own apartment and attends an AA meetings two or three times a week.

She is awaiting the results of her psychiatric evaluation from the A hospital. She will be starting a program with Emploi Quebec on May 6, 2013. She sees her son once a week at center B. [ 8 ] The father testifies that he has completed the recovery management program at C Centre and that he has been sober since October 2012. He receives his son, including for overnight visits, every week at his mother’s. [ 9 ] The Court also heard the testimony of [social worker A], human relation’s agent, and read the reports the Director filed as proof of the child’s situation.

The parental capacity assessment of the father was conducted by Dr. Nikki Saros, psychologist. It was observed that the father shows love and affection for his son and that a mutual bond exists between them. However, the psychologist considers that the father has a good theoretical understanding of the basic needs of children, but that the practical application of this knowledge is limited at the present time. The psychologist therefore recommends that the father participate in parenting classes. [ 10 ] The psychologist concludes as follows: Mr.

B appears to be an intelligent and contemplative man who is currently experiencing many life transitions. He stated that he bas been substance free since August 2012 and is starting an intervention program for substance abuse. The self-report ratings indicated that Mr. B is experiencing significant life stress, which is beyond the role of parenting. These stressors include his separation from Ms. A, financial problems, loss of income, change of residence and alcohol problems.

High stress levels have a limiting impact on an individual’s ability to carry out life roles, including parenting. […] From the onset of the relationship between Ms. A and Mr. B, serious substance abuse issues have contributed to a toxic dynamic between the couple and to the detriment of their parenting ability and personal functioning. It is recommended that contact with X not take place with both parents together in an unsupervised capacity until they are able to both demonstrate a sustained period of sobriety. It is recommended that Mr.

B participate in a parenting course to learn to meet the developmental needs of children in a concrete and hands on manner, to understand the importance of the formative years in a child’s life on their overall development, and to gain knowledge about the effects separation from parents on children. It is also recommended that he attend a group, such as center D to sensitize him to the impact of substance abuse on the security and development of children. [ 11 ] The evidence reveals that the mother is still struggling and consuming drugs and alcohol.

She admits that X is at high risk in her care when she is under the influence of drugs or alcohol. As for the father, he has made tremendous progress since the last Court order. He is committed to his son and to remaining sober. However, he must maintain his gains and stabilize his life situation before regaining full custody of his son. The father must therefore find employment and an apartment in order to be able to provide his son with a stable environment. [ 12 ] Under the circumstances, it is in the child’s best interest to be entrusted to foster care for a period of six months.

The plan is for X to reintegrate his father's care during the last two months of the order if the father is in a position to answer all of his son's needs. [ 13 ] The evidence and the admissions made have convinced the Court that the security and development of the child are still compromised. [ 14 ] THEREFORE, THE COURT:

[ 15 ] GRANTS the motion; [ 16 ] DECLARES still compromised the security and development of the child, X; [ 17 ] ORDERS that the child be entrusted to foster care for a period of six months; [ 18 ] TAKES JUDICIAL NOTICE that DYP intends to reintegrate the child to his father’s care in the last two months of the present order; [ 19 ] RECOMMENDS that the child be maintained in his current foster family; [ 20 ] ORDERS that the frequency and modality of contacts between the child and his parents be determined by the Director of Youth Protection, including supervision if deemed necessary; [ 21 ] ORDERS that the mother participate in a treatment program for substance abuse and follow the recommendations of the professional working with her; [ 22 ] ORDERS the mother to continue addressing her mental health issues and follow the recommendations of the professionals working with her; [ 23 ] ORDERS the father to continue participating in a treatment program for substance abuse and follow through with the recommendations of the professionals; [ 24 ] RECOMMENDS that the father participate in a parenting class; [ 25 ] RECOMMENDS that the father follow the recommendations of the parental capacity assessment by Dr.

Niki Saros; [ 26 ] ORDERS that the father benefit from the services of an educator for as long as deemed necessary; [ 27 ] ORDERS the parents to submit to random drug testing at the request of DYP and TAKES JUDICIAL NOTICE of the parents consent to do so; [ 28 ] ORDERS that the parents not be under the influence of drugs or alcohol in the presence of the child; [ 29 ] ORDERS that aid, counsel and assistance be provided to the child and his family for a period of one year; [ 30 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection of A Youth and Family Centres, who shall see that the measures are carried out; [ 31 ] ORDERS the execution of the present order by any peace officer.

Signed May 1, 2013 Ann-Marie Jones, J.C.Q. AMJ/dg Me Georgia Limperis Counsel for the Director of Youth Protection Me Laurence Marceau Counsel for the child Me Karine Dallaire Counsel for the mother Me Jean-Hervé Thomas Counsel for the father Date of hearing: April 23, 2013