2012 QCCQ 11595, 2012 QCCQ 11595

Protection de la jeunesse — 123106 2012 QCCQ 11595 COURT OF QUEBEC YOUTH DIVISION CANADA PROVINCE OF QUEBEC DISTRICT OF [...] No: 525-41-025740-127 525-41-025741-125 DATE: July 20, 2012 ______________________________________________________________________ BY THE HONOURABLE ANN-MARIE JONES, J.C.Q. ______________________________________________________________________ Director of Youth Protection A Applicant - and - X Born on […], 2012 - and - Y Born on […], 2012 - and - A - and - B Respondents ______________________________________________________________________ JUDGEMENT

Section 38 Y.P.A. ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act , no person may publish or broadcast 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. [Y.P.A. sections 11.2.1 and 135] [ 1 ] The Court hereby confirms and gives the reasons for a decision rendered verbally at the hearing of July 20, 2012, in accordance with the requirements of

section 90 of the law. [ 2 ] The Court was presented with two motions by the Director of Youth Protection to have the security and development of the children declared compromised , as there is a serious risk that the children’s parents cannot provide for the children basic needs. [ 3 ] The principal facts alleged in support of the Director’s motions are the following: • The situation of the children’s older siblings is known to the Director of Youth Protection and the Court of Quebec; • The children’s older siblings have all been removed from the parents’ care; • The parents have a history of substance abuse, neglect of the child’s older siblings, conjugal violence and unstable living arrangements; • The parents are still a couple, but the father works and lives up North; • In November 2011, there was an incident of conjugal violence between the parents, when the mother visited the father up North; • In February 2012, the mother stopped attending her substance abuse treatment at Pavillon A; • In mid-March 2012, the mother was admitted to the hospital due to complications with her pregnancy, but she left the hospital for two days without permission; • On March 12, 2012, the mother tested positive for cocaine; • The father has attended his substance abuse treatment sessions;

• On March 27, 2012, the mother gave birth to two baby girls; • On April 2, 2012, the children were discharged from the hospital; • The father admits that his home is not appropriately step-up for newborns; • Given the history of the parents, the children cannot be entrusted to the parents at this point in time; • On April 2, 2012, immediate protective measures were applied and the children were placed in a foster home. [ 4 ] The Director of Youth Protection recommends that the children be entrusted to foster care for a period of one year and that a social follow-up be provided to the family for the same period. [ 5 ] The parents are not present at the hearing, but have informed the youth worker that they agree with the recommended measures.

The mother is currently in City A living with her sister. As for the father, he returned to City B to live with his parents. Furthermore, the parents had an altercation when they met in City C and there is currently a restraining order prohibiting the father from being within 50 meters of the mother. [ 6 ] Counsel for the children considers that the measures recommended by DYP are in their best interest.

Me Laforce is asking the Court to recommend strongly or to order for the children to be placed in the same foster family, especially that they are twins. [ 7 ] The Court heard the testimony of [Social Worker 1], human relations’ agent, and read the reports the Director filed as proof of the children’s situation. The evidence reveals that the family has an extensive DYP history. The couple’s older children are not under their care due to their chronic substance abuse and disorganized life style.

Although, the parents present with good parental capacities they still struggle with substance abuse and do not follow through with the services that are made available to them. [ 8 ] Under the circumstances, it is in the children’s best interest to be entrusted to foster care until February 7, 2013, when the orders concerning their siblings come to an end.

The parents must take the necessary steps in order to address their personal difficulties. [ 9 ] The evidence and the admissions made have convinced the Court that the security and development of the children are compromised. [ 10 ] THEREFORE, THE COURT: [ 11 ] GRANTS the motion; [ 12 ] DECLARES compromised the security and development of the children, X and Y, under

section 38 b) 2) of the Youth Protection Act; [ 13 ] ORDERS that the children be entrusted to foster care until February 7, 2013; [ 14 ] RECOMMENDS strongly that the children be entrusted to the same foster family and RECOMMENDS that DYP seek a culturally appropriate foster family and that a request for foster families in the Cree territories be explored; [ 15 ] ORDERS that the frequency and modality of contacts between the children and their parents be determined by the Director of Youth Protection, including supervision as deemed necessary; [ 16 ] TAKES JUDICIAL NOTICE that Batshaw will make a request to the DYP in City A, in order for the mother to receive services; [ 17 ] ORDERS the parents to refrain from consuming alcohol or to be under the influence of alcohol and drugs when in the presence of the children; [ 18 ] ORDERS that the parents follow through with the recommendations made from their respective substance abuse assessments and participate in relapse prevention following any treatment; [ 19 ] ORDERS that the parents undergo random drug and alcohol testing at the request of DYP; [ 20 ] RECOMMENDS that the parents address their issue of conjugal violence; [ 21 ] RECOMMENDS that the parents take steps to stabilize their living situations; [ 22 ] ORDERS that DYP be authorized to sign all needed consents pertaining to the children in the eventuality that the parents cannot be reached in a delay of 24 hours; [ 23 ] ORDERS that DYP be authorized to obtain and share information with the professionals working with the family; [ 24 ] ORDERS that aid, counsel and assistance be provided to the children and their family until February 7, 2013. [ 25 ] ENTRUSTS the situation of the children, X et Y, to the Director of Youth Protection A, who shall see that the measures are carried out; [ 26 ] ORDERS the execution of the present order by any peace officer.

Signed July 26, 2012 Ann-Marie Jones, J.C.Q. AMJ/dg Me Anne-Marie Dodds Counsel for the Director of Youth Protection Me Pauline Laforce Counsel for the children Me Judith Shapiro Knight Counsel for the mother Date of hearing: July 20, 2012