2012 QCCQ 20598, 2012 QCCQ 20598

Protection de la jeunesse — 124912 2012 QCCQ 20598 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] Youth Division No: 145-41-000407-129 DATE: September 27, 2012 ______________________________________________________________________ BY THE HONOURABLE ROBERT LEVESQUE, J.C.Q. ______________________________________________________________________ [Social Worker 1] Petitioner and X Child and C Mother ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] A petition for protection purpose in respect of X (2001-[...]) is referred to the Court by the Director of youth protection pursuant to sections 38 and 75 of the Youth Protection Act. [ 2 ] The petition, dated May 11, 2012, is based on the following assertions and facts :

a) X and Y were placed in foster families in 2007 and then entrusted to their father in November 2007 ;

b) the two boys remained with their father until July 2009, when Mr. D passed away ;

c) X and Y were then entrusted to foster care again, until December 2010, when they went living with their mother and baby sister Z ;

d) Xand Y were subject to youth protection measures until November 30, 2011 ;

e) Mrs C has two other children, A and B, who are entrusted to foster care until their majority ;

f) the mother has a long history of trauma, abuse and addiction problems ;

g) for the last two years, the mother worked with social services and her situation was improving for a while ;

h) since last January, Ms C has gone downhill and the family’s situation deteriorated ;

i) the mother abuses prescription medication, notably oxycodone ;

j) the mother’s new spouse drinks alcohol abusively ;

k) X and Y rarely go to school and will most likely fail their year because of their lack of attendance ;

l) X takes care of Z a lot, he feeds her, babysits and checks on her when she is sick ;

m) Y says his mom hit him with a wooden spoon and it hurt ;

n) about a month ago, Y left his mother’s house and, since then, he goes from one place to the other, between neighbours and relatives ;

o) the mother sees nothing wrong with the fact that Y, who is […], left home ;

p) Z goes to day care twice a week and she is dirty, she smells bad and her diaper is wet and full when she arrives in the morning ;

q) lately, Z had a scratch on a leg which never appeared to be washed by the mother ;

r) in the beginning of May, Z was almost hit by a car, while she was in the street by herself ;

s) in the last few months, the mother was asked by social interveners to seek treatment for her addictions but she did not meet with a counsellor ;

t) on May 9, immediate protective measures were applied and the three children were entrusted to foster families ;

u) the mother told the social worker that Y would be adopted by his foster family, that she would sign papers to that effect. [ 3 ] The child and the siblings are entrusted to foster families since the beginning of May 2012 under provisory measures.

[ 4 ] At the hearing, the mother is present with her lawyer. She does not comment the allegations of the petition but accepts the recommendations of the Director of youth protection as well as the child's lawyer. [ 5 ] Z's father whereabouts are unknown. He is not involved in his child's life. He is probably in USA. The mother did not hear from him since 2½ years. A specialized agency did not succeed to locate him.

The Court concludes that these circumstances are exceptional and, accordingly, dispenses the Director of youth protection to serve the petition to the father. [ 6 ] The Court studied the psychosocial report and its complement, reports of psychologists concerning the child and the mother, the letter of a psychotherapist and documents from the school and the daycare center. [ 7 ] Considering the report's content and the position of the parties, the Court concludes that the petitioner did prove in substance the petition which is well-founded and the Court grants the petition in the sense of the recommendations of the Director of youth protection.

WHEREFORE, THE COURT : [ 8 ] DECLARES that the security and the development of X are considered to be in danger according to

section 38 of the Youth Protection Act ; [ 9 ] ORDERS that X be entrusted to a foster family designated by the Director of youth protection ; [ 10 ] ORDERS that the mother benefits from a drug and alcohol assessment and a follow-up for as long as deemed necessary by the counsellor ; [ 11 ] ORDERS that the mother continues her psychological follow-up as long as deemed necessary by the psychologist ; [ 12 ] ORDERS that the mother refrains from using any drugs and / or alcohol in the presence of her children unless validly prescribed to her and in accordance with the prescription ; [ 13 ] ORDERS that the visits between X and his mother be supervised for as long as deemed necessary by the Director of youth protection ; [ 14 ] ORDERS that the mother participates actively in all the measures proposed by the Director of youth protection to put an end to the situation of endangerment ; [ 15 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and his family ; [ 16 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A until May 31, 2013, for the carrying out of the present measures. __________________________________ ROBERT LEVESQUE, J.C.Q.

Me Lynn-Ann Smith, for the DYP

Me Richard Lavigne, for the child Me Andrée Rioux, for the mother