2015 QCCQ 19428, 2015 QCCQ 19428

Protection de la jeunesse — 154878 JB 3810 2015 QCCQ 19428 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division DATE: November 20, 2015 ______________________________________________________________________ PRESENT: THE HONOURABLE CLAUDE P.

BIGUÉ J.C.Q. ______________________________________________________________________ IN THE MATTER OF: Nos. 610-41-000676-155 X , born on […] 2006 610-41-000674-150 Y , born on […] 2009 610-41-000673-152 Z , born on […] 2010 610-41-000675-157 A , born on […] 2012 ______________________________________________________________________ [SOCIAL WORKER 1] Applicant and B Mother and C Father of Y, Z and A and person concerned for X ______________________________________________________________________ JUDGMENT (section 95, Youth Protection Act ) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing 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 ] The Director of Youth Protection submitted a motion for the review of a judgment rendered by Judge Josée Bélanger on July 10, 2015 concerning the children X, 8 years old, Y, 6, Z, 5, and A, 2. ISSUES RAISED [ 2 ] All four motions were dealt with in a joint hearing, and I will render only one judgment. All the parties were represented by lawyers and the motions were not contested.

However, the mother was not present in Court, even if transportation was offered to her. [ 3 ] There are serious concerns about both the mother's and the father’s personal situations. THE FACTS [ 4 ] The judgment to be reviewed was rendered on July 10, 2015, at which time Judge Josée Bélanger ordered that X be entrusted to a foster family in Town A for a period of nine months, and that the three younger children be entrusted to their father, also for a period of nine months.

[ 5 ] The parents had ended their relationship in April 2014. [ 6 ] The father managed to take care of the children. X, whose foster family lived close to the father’s house, was also at his place from time to time. [ 7 ] The mother was out of the community, in order to attend a therapy program concerning her substance abuse. [ 8 ] The father was allowed grocery vouchers by the D.Y.P. on two occasions, while waiting for allowances. [ 9 ] The father did not have a house of his own. At first, he would live at his brother’s place in Town A with his children.

On August 19, after an argument with the brother, he went to live in the mother’s house, also located in Town A since she was away for a certain period of time. [ 10 ] On August 26, 2015, the D.Y.P. received a report of physical abuse by the father. [ 11 ] On August 27, 2015, the children X, Y and Z were met by a Director’s delegate. [ 12 ] All three children asserted that their father got suddenly angry at his children, hit Z on the head, and had been yelling and swearing at them; they also said that it was not the first time their father had acted like that. [ 13 ] The children told the D.Y.P. that they were afraid of their father, and the Director took immediate protective measures. [ 14 ] Y and Z were entrusted to a foster family in Town B; A was entrusted to her godmother D in Town C, and the contacts between X and her father were suspended. [ 15 ] When informed of the situation, the mother agreed with the immediate measures taken. [ 16 ] Those measures were confirmed by the Court as provisional measures on August 31, 2015. [ 17 ] Since the judgment rendered by Judge Josée Bélanger in July, the father has refused to cooperate or even talk with the Director’s delegate.

ANALYSIS [ 18 ] In September, the father moved out of the community of Town A; he is now living in Town D, a neighbouring locality. [ 19 ] As for the mother, she is out of the community in order to receive intensive services concerning her substance abuse issues.

She has been attending the Addictions Treatment Clinic monitored by the Sault-Sainte-Marie Hospital, in Ontario, since August 6, 2015. [ 20 ] The mother has been accepted for intensive treatment for the same issues at the [center A], for a period starting on October 15, 2015 and ending on November 19, 2015. [ 21 ] The father also has to address his issues of addiction to drugs and alcohol, and the need to manage his anger. [ 22 ] Presently, neither parent can take charge of the children, who will remain in their present foster homes; the Court has heard the testimony of Mrs.

D, who is the foster family for the child A. [ 23 ] The hearing of September 24, 2015, in the Town A Court House, provided an opportunity for the father to meet with his children and with the Director’s delegate. [ 24 ] The father changed his attitude towards the Director’s delegate. He is now open to working with her and cooperating. The children were glad to see their father. [ 25 ] It was agreed that the father should be sober when he has contact with his children.

The contacts will resume gradually, always with close supervision by the Director. [ 26 ] Since about three months have elapsed since the judgment rendered by Judge Josée Bélanger on the measures applicable for nine months, the measures ordered by this judgment will apply for six months. [ 27 ] This judgment will also clarify the status of Mr. C in relation to X. The father is “undeclared” on her birth certificate. Mr. C is the father of the three other children. For the purpose of the Youth Protection Act , he will be declared to be a person concerned , pursuant to

section 81 of the Act. [ 28 ] The Court will also order measures to ensure that the parents get fully involved in addressing their serious substance abuse issues, since they rapidly resumed their bad habits soon after the end of previous treatments. The measures will include post-treatment follow-ups, drug screening tests, and sobriety when in the presence of the children. FOR THESE REASONS, THE COURT: [ 29 ] GRANTS the four motions. [ 30 ] DECLARES that the security and development of the four children are still in danger, pursuant to sections 38( b )(1)(iii), 39( b ) (2), 38(

c) and also 38( e )(1) and (2) of the Y.P.A. [ 31 ] ENTRUSTS the child A to Mrs. D, provided Mrs. D is recognized as a foster family, and RECOMMENDS that the child be

entrusted to her under that title. [ 32 ] ORDERS that placement for a period of six months. [ 33 ] ORDERS that the children X, Y and Z be entrusted to foster families for a period of six months. [ 34 ] ORDERS that contacts between the children and their parents be supervised by the Director of Youth Protection as to frequency and terms, including the presence of a third party if deemed necessary by the Director. [ 35 ] ORDERS that the Centre Jeunesse provide aid, counselling and assistance to the children and to the parents, for a period of 12 months. [ 36 ] AUTHORIZES the exchange of information between the Director of Youth Protection and the professionals involved in the family’s situation, as to the participation and regular attendance of their respective clients, and the developments in their situations. [ 37 ] ORDERS that the father maintain follow-up with a therapist concerning his substance abuse, anger management and other issues, as long as deemed necessary by the professional. [ 38 ] ORDERS that the mother continue to participate in therapy concerning substance abuse, that she attend and complete treatment at the Monarch Recovery Services, a rehabilitation centre for drug addiction, and that she undertake post-treatment follow-up on completion of the program at the Monarch Recovery Services, for as long as deemed necessary by the professional. [ 39 ] ORDERS that the parents undergo drug screening tests upon request by the Director of Youth Protection, who will accompany the parents to the hospital for the tests, and ORDERS that the parents disclose the results of the tests to the Director of Youth Protection or authorize the hospital to disclose the results to the Director. [ 40 ] ORDERS that the parents be sober when in the presence of their children. [ 41 ] ORDERS any police body to cooperate for the purpose of executing the present judgment, upon request by the Director. [ 42 ] ENTRUSTS the children’s situation to the Director of Youth Protection for the execution of the present judgment. [ 43 ] DECLARES that Mr.

C is a person concerned in the file of X, pursuant to

section 81 of the Youth Protection Act . [ 44 ] RECOMMENDS contact between the siblings. __________________________________ CLAUDE P. BIGUÉ J.C.Q. Mtre. Julie Lemire Lemire Gaouette & Martel For the applicant Mtre. Michel-Étienne Parayre Daoust Boulianne Parayre, avocats For the children Mtre. Sébastien Lebel For the mother Mtre. Daniel Ouellette Centre communautaire juridique A For the father Date of hearing: September 24, 2015