2013 QCCQ 17534, 2013 QCCQ 17534

Protection de la jeunesse — 136054 2013 QCCQ 17534 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division DATE: October 18, 2013 ______________________________________________________________________ PRESENT: THE HONOURABLE CLAUDE BIGUÉ J.C.Q. ______________________________________________________________________ IN THE MATTER OF: No. 640-41-001647-137 X , born on [...] , 2007 ______________________________________________________________________ A AND B Parents and [SOCIAL WORKER 1] Applicant ______________________________________________________________________ JUDGMENT (section 38, Youth Protection Act ) ______________________________________________________________________ [ 1 ] This is an application for a placement until majority concerning the child X, 6 years old.

ISSUES RAISED [ 2 ] All the allegations are admitted, and the proposed measures agreed to. THE FACTS [ 3 ] The mother, B, is 37 years old. She has twelve children. She had nine of them with A, including the subject, X. Those children are now aged between 6 and 19. Subsequently, she had three more children, with C. She is currently pregnant with her thirteenth child. [ 4 ] The Director of Youth Protection has been involved with the family for the past fifteen years. X was a baby of around three weeks old when the D.Y.P. received a first report concerning him.

He has been with his current foster family for more than 5 years now. [ 5 ] The father has not been involved regularly in X’s life; as for the mother, her life was conditioned by the consumption of alcohol, and consequently she could not care for her children. [ 6 ] X was born on [...], 2007, and as early as March 14, 2008, he was entrusted to a foster family. [ 7 ] All attempts to send the child back to the mother have failed. [ 8 ] The mother’s cooperation with the Director of Youth Protection has been irregular. [ 9 ] The mother separated from A soon after X was born.

Since then, she has had a new common law spouse, C, but the pattern is still the same: he has been abusing alcohol as well, and even if he says that he is now sober, he cannot support the mother in caring for the children.

ANALYSIS [ 10 ] Despite significant involvement by the D.Y.P. and the C.L.S.C. with this family for years, the situation of the child and his siblings has never changed: the parents’ chronic alcohol problem, neglect, domestic violence, abandonment, inadequate home environment (serious situation of dirtiness and lack of hygiene), children left without supervision. [ 11 ] Last March, the mother and Mr.

C were evicted from their house in City A by the Band Council and they moved to City B. [ 12 ] The security and development of the child are in danger, in regards to sections 38( b )(1)(i), 38( b )(1)(iii), 38( b )(2) and 38(

c) of the Act. [ 13 ] The child has been living with the same foster family since March 25, 2008. [ 14 ] X’s situation should have been submitted to the Court earlier. He has lived the major part of his young life with his foster

parents, D and E. He has created solid bonds with them. [ 15 ] A return to the parents is definitively not possible. [ 16 ] The periods prescribed in

section 91.1 have largely expired, and it is time, even if this is a motion under 38 of the Act, to make a decision “aimed at ensuring continuity of care, stable relationships and stable living conditions corresponding to the child’s needs and age, on a permanent basis”. [ 17 ] The foster mother testified in order to confirm that the child is doing really well with her and her family. She also confirmed that she and her husband are ready and willing to care for X until his age of majority. [ 18 ] The child made a short appearance in the courtroom. He looked very well and seemed happy.

He appeared to be really close to D, like mother and son. [ 19 ] The same day, the Court ordered a placement until majority for Y, 4 years old, X’s brother, born from the mother’s second union, with C. [ 20 ] The father, Mr. A, was not present, but he was represented by a lawyer. He was duly informed of his rights to an eventual review, if the circumstances allow. [ 21 ] The mother is also aware that she has the right to ask for a review, if the circumstances allow it, and that she would have the burden of demonstrating any new facts supporting an eventual motion for review under

section 95. [ 22 ] Contact between X and his parents will definitely be supervised. [ 23 ] Contact between the siblings will be recommended, as long as they are beneficial for the child. Contact will have to be supervised by the Director, in order to avoid situations such as that where one of the older siblings assaulted a younger one. [ 24 ] The Court recommends treatment for the mother’s problems with alcohol abuse.

If she signs herself into treatment, the mother is recommended to persevere until its completion. [ 25 ] The Court will order a measure concerning the specific needs of the child for health services. [ 26 ] FOR THESE REASONS, THE COURT: [ 27 ] GRANTS the motion. [ 28 ] DECLARES that the security and development of the child X are endangered in regards to sections 38( b )(1)(i), 38( b )(1)(iii), 38( b )(2) and 38(

c) of the Act. [ 29 ] ORDERS that the child be placed in a foster family until he reaches the age of majority, and that the family be that of D and E. [ 30 ] ORDERS that all parental access to the child be supervised by the Director as to the terms and frequency. [ 31 ] RECOMMENDS that the mother undergo a psychological assessment and a follow-up, as recommended by the professionals. [ 32 ] ORDERS that both parents seek help for their alcohol issues, and RECOMMENDS treatment for the mother. [ 33 ] ORDERS that the parents be sober and refrain from any aggressive behaviour when in the presence of the children. [ 34 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child and his family until he reaches the age of majority. [ 35 ] ORDERS that the child receive the health care and health services required by his condition. [ 36 ] RECOMMENDS contact between the child and his siblings, as long as it is in the best interest of the child, and ORDERS that all contacts between the siblings and the child be supervised by the Director. [ 37 ] ORDERS that the police cooperate in the execution of this judgment. [ 38 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the application of the measures ordered. __________________________________ CLAUDE BIGUÉ J.C.Q.

Mtre. Gabriel Gaudreault For the D.Y.P. Mtre. Clara Lafrance Egervari For the child Mtre. Ratha Heang

For the mother Mtre. Yan Massé For the father Date of hearing: September 26, 2013