2014 QCCQ 14084, 2014 QCCQ 14084

Protection de la jeunesse — 142132 2014 QCCQ 14084 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] LOCALITY [...] Youth Division No: 640-41-001701-140, 640-41-001703-146 DATE: April 24, 2014 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on […], 2010 640-41-001701-140 Y, born on […], 2014 640-41-001703-146 CHILDREN ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A APPLICANT AND B MOTHER AND C FATHER ______________________________________________________________________ JUDGMENT ( Sections 38 and 91 of the Youth Protection Act CQLR c.

P-34.1) ______________________________________________________________________ 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 anD135 Y.P.A.). [ 1 ] The Director of Youth Protection submits two motions asking the Court to declare the security and development of X, […] years old and Y, […] months old, endangered pursuant to sections 38 b)1°

i) and 38

c) of the Youth Protection Act . [ 2 ] At the hearing, the mother is represented by Mtre. Michel Grenier and the father by Mtre. Ratha Heang. Mtre. Myriam Gaudreault acts on behalf of the two children. Mtre. Gabriel Gaudreault represents the applicant. [ 3 ] Both parents admit all the allegations of the petition but one. So, the following facts are admitted: 3.1. The mother is the main caregiver of the children; 3.2. The mother is not able to provide proper care to the children; 3.3.

Since March 2012, the children's sibling, Z, is placed in foster care after a report to the effect that the father had sexually abused her; 3.4. On June 7, 2012, the father was arrested and charged for sexual abuse; 3.5. On August 23, 2012 the security and development of Z were declared endangered under both grounds 38 d) 1 and 2 of the Youth Protection Act ; 3.6. At that time, the children and their sister, A, were living at the maternal grandparents residence; 3.7. During the fall 2012, the children and their sister, A went living with the mother after she was given a house; 3.8.

On several occasions, the father was seen at the mother's residence by the Social Services as if he was living there even though the mother was denying that he was living with her; 3.9. On October 18, while the children were under the care of the mother, the mother left for TOWN A for a few days and she left the children under the care of her brother who is known for displaying alcohol abuse problems; 3.10. On November 1, 2013, the Youth Protection had to intervene because the mother was intoxicated while the children were under her

care; 3.11. The collaboration of the parents with the Youth Protection is irregular. [ 4 ] Both parents deny that the mother still display alcohol related problems. The mother says that she quit alcohol consumption last December. But from the admissions made, we can see that the mother drank during the pregnancy as the youngest is born on January. [ 5 ] The parents have resumed their relationship last February after a separation of approximately 6 months. [ 6 ] A social report signed by Mrs. [SOCIAL WORKER 1] was filed, as her testimony. The mother has a dependant personality.

She will choose to answer her own needs to the expense of her children's needs. She has been involved in two problematic relationships, first with the father of B and now with Mr. C. She seems unable to have a critical thinking about her choice of boyfriends. She resumed her relationship with Mr.

C knowing well that it would mean the extension of the placement of her two daughters. [ 7 ] During the last months, the mother has been unable to provided consistent care to her children. [ 8 ] Before contemplating a reintegration, the mother will have to be really involved in the social follow-up and fully collaborate with the social worker. She will have to open up and be transparent with them. If not, it will be detrimental to a possible reintegration of her children. [ 9 ] The father has also to be involved in the social follow-up and also work on his violence issues.

He will have to be honest with the social worker in order to receive the appropriate help. [ 10 ] As for X, both parents agree with a placement in a foster family. As for Y, they agree that he be entrusted to the care of his maternal grandmother. Both parents declare that they have full confidence in the grandmother. The Director of Youth Protection recommends that Y be entrusted to his maternal grandmother. [ 11 ] FOR THESE REASONS, THE COURT: [ 12 ] GRANTS the motions; [ 13 ] DECLARES that the security and development of X, born on […], 2010 and Y, born on […], 2014, are endangered pursuant to sections 38 b) 1°

i) and 38

c) of the Youth Protection Act ; [ 14 ] ORDERS the placement of X, in a foster family for a period of 6 months; [ 15 ] ORDERS that Y be entrusted to the care of his maternal grandmother, D, for period of 6 months; [ 16 ] ORDERS that a life plan be prepared for the children; [ 17 ] ORDERS that access rights between the parents and the children be encouraged and supervised by the Director of Youth Protection as for the frequency and the modalities; [ 18 ] ORDERS the parents to be and remain sober when in presence of their children; [ 19 ] ORDERS the parents not to put the children in presence of people under the influence intoxicating substances; [ 20 ] ORDERS that both parents fully collaborate with the Director of Youth Protection; [ 21 ] ORDERS the parents to report to the Director of Youth Protection at least once every two weeks in person or by phone and ORDERS the parents to inform the social worker of their current situation; [ 22 ] ORDERS that aid, counselling and assistance be provided to both children and their parents for a period of 6 months; [ 23 ] ORDERS the mother to seek help for her personal issues including substances abuse; [ 24 ] ORDERS that the birth certificates of X and of Y be produced within 45 days of this judgment; [ 25 ] ORDERS to any police force to collaborate with the execution of the court orders if requested to do so by the Director of Youth Protection or one of its representatives; [ 26 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Gabriel Gaudreault Counsel for the applicant Mtre. Myriam Gaudreault Counsel for the children

Mtre. Michel Grenier Counsel for the mother Mtre. Ratha Heang Counsel for the father Date of hearing: March 27, 2014