2019 QCCQ 11849, 2019 QCCQ 11849

Protection de la jeunesse — 191894 2019 QCCQ 11849 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No : 614-41-000383-184 DATE : February 11, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2006 child and A B parents ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on February 11, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that the child’s security or development is endangered as the parents fail to provide appropriate supervision or support and that the child is subjected to psychological ill-treatment. [ 3 ] The Director finally presents that the child is of school age and is not attending school regularly. [ 4 ] Today, the Director recommends that the child be placed in a foster family for a period of six months and that support measures be ordered for a period of nine months. [ 5 ] The mother’s attorney is asking that the hearing be postponed as the mother cannot present herself to Court today as she has a scratch on her face.

The mother is asking that the child and the child’s siblings be entrusted to her care. The Director objects to the mother’s request for postponement. The youth protection worker went to the mother’s residence this morning and found her intoxicated. This is the reason why she does not want to come to Court. [ 6 ] The mother knew about the hearing and decided not to come. The Director and the child’s lawyer are ready to proceed. The Tribunal considers that the mother’s request to postpone the hearing is not reasonable. [ 7 ] The father is absent but he gave a clear mandate to his attorney.

The father support the mother’s position. [ 8 ] The child understands that his mother needs help and that she should be free of her daily family obligations to address her personal situation. Questions in litigation [ 9 ] Are the proposed measures in the child’s best interest and are they respecting his rights? [ 10 ] Is it possible to maintain the child in the mother’s care?

Context and Analysis [ 11 ] For many years, the mother consumed alcohol and cocaine. After being sober for quite some time, she relapsed in February 2018. [ 12 ] The children report that the mother drinks daily, to the point of intoxication. [ 13 ] On April 8, 2018, Y (the child’s sibling) and the mother drank together to the point of intoxication.

When confronted with this information by the youth protection worker, the mother could not recall what happened on that night. [ 14 ] On October 24, 2018, a physical altercation happened while the mother tried to leave the home intoxicated and Y and Z tried to stop her from driving her truck. [ 15 ] The mother was arrested for assaulting Y and released with conditions not to communicate with him and Z and not to go to their home, except with the Director’s supervision. [ 16 ] X is not attending school regularly. He exhibits aggressive behaviour. In school, he does not respect authority.

His behaviours are so difficult, that the youth protection worker is mentioning that he might need the structure of a rehabilitation centre but there is no place at this point in a centre. Consequently, she recommends that we try placement in a foster family. [ 17 ] There is no clear rules established in the home and no curfew. [ 18 ] The mother is not collaborating with the youth protection worker. She does not go to the Director’s office as requested. She took

part in a program at the treatment center. Since then, her situation deteriorated. She does not take responsibility for her actions. She has not seen the [Center A] worker. She has a difficult time dealing with her uncle’s passing away. [ 19 ] In July 2018, the father was arrested for physically assaulting Z, an adult daughter. He also assaulted Y. He consumed drugs and alcohol on a regular basis. He now resides with a family that raised him. He has not collaborated with the youth protection worker.

He is difficult to reach and has not taken any steps to resolve his personal issues. [ 20 ] In October 2018, the children were placed in a foster family. It has been difficult for Y, X and C to respect the foster families’ rules and expectations. They influence each other and display aggressive and disruptive behaviours. [ 21 ] On January 2, 2019, the Director received a report stating that Y was intoxicated and had assaulted one of his mother’s friend.

The mother relapsed on New Year’s Day. [ 22 ] On January 3, 2019, C and X were taken back to foster family. [ 23 ] On January 11, 2019 the Tribunal entrusted X and Y to their mother while C and D were entrusted to a foster family. [ 24 ] On January 25, 2019, the mother made suicidal threats and was detained for her safety. When the youth protection worker reviewed the situation, the mother could not remember what happened as she was intoxicated. [ 25 ] Today, knowing that Court is proceeding, the mother was intoxicated. [ 26 ] At this point, neither parent is able to care for the child.

The mother mentions that she needs to have her children in her care to get better. Even if this is the case, the Tribunal needs to prioritize the child’s needs. The Tribunal shares X’s assessment when he mentions to his attorney that his mother should be free of family obligations to address her own situation. THEREFORE AND FOR THESE REASONS, THE COURT: [ 27 ] GRANTS the application for protection; [ 28 ] DECLARES that the security or the development of the child is endangered ( sections 38 b) 1 o iii, 38

c) and 38.1

b) of the Youth Protection Act ); [ 29 ] ORDERS that the child remain in foster care for a period of six months; [ 30 ] ORDERS that the child’s placement be done, at the latest on February 12, at 5:00 p.m.; [ 31 ] ORDERS that the frequency and modalities of contacts between the child and the parents be determined by the Director of Youth Protection; [ 32 ] ORDERS that the child attend school regularly, be prompt and that absences be justified; [ 33 ] RECOMMENDS that the Director evaluate the possibility of referring the child to services of counseling; [ 34 ] RECOMMENDS that the father attend and complete a substance abuse treatment program and follow the recommendations made; [ 35 ] RECOMMENDS that the mother continue to receive aftercare services following the completion of her substance abuse treatment program; [ 36 ] ORDERS that the parents abstain from substance use during visits with the child;

[ 37 ] ORDERS that the parents fully collaborate with the Director of Youth Protection and meet with the worker upon request; [ 38 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 39 ] THE WHOLE for a period of six months; [ 40 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Written and signed on February 25, 2019 /cd Mtre Adélia Ferreira Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the child Mtre Marie-Eve Bartkowiak Counsel for the mother Mtre Michel Grenier Counsel for the father Date of hearing: February 11, 2019