2013 QCCQ 14403, 2013 QCCQ 14403

Protection de la jeunesse — 134970 2013 QCCQ 14403 COURT OF QUEBEC CANADA PROVINCEDE QUÉBEC DISTRICT [...] TOWN [...] Youth Division No: 640-41-001599-130 640-41-001601-134 640-41-001600-136 640-41-001602-132 640-41-001597-134 640-41-001598-132 DATE: September 30, 2013 ______________________________________________________________________ BY THE HONOURABLE JOSÉE BÉLANGER J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born […] , 1998 Y , born […] , 2000 Z , born […] , 2002 A , born […] , 2004 JB4289 D , Youth Protection worker, duly authorized by the Director of Youth Protection of the Cree Board of Health and Social Services A, working in City A, district A (Quebec) […] Applicant E , residing and domiciled in City A, district A (Quebec) […] Mother and G , residing and domiciled in City A, district A (Quebec) […] Father IN THE MATTER OF: B , born […] , 2010 C , born […] , 2012 D , Youth Protection worker, duly authorized by the Director of Youth Protection of the Cree Board of Health and Social Services A, working in A, district of A Applicant E , residing and domiciled in A, district of A Mother ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] [Social Worker 1] who represents the Director of Youth Protection asks the Court to declare the security and development of X, born[…], 1998, Y, born[…], 2000, Z, born […] 2002, A, born […], 2004, B, born […] 2010 and C, born […], 2012 in danger pursuant to sections 38 b) 1° (1); b) 1° (iii); b) 2° and

c) of the Youth Protection Act .

[ 2 ] The mother and Mr F the stepfather of some of the children are present and represented. Mr F is the biological father of B and C and is declared as the father only for C. G is the father of the four other children. He is absent. He was aware of the date of the Court hearing and refused to take a copy of the petition while he was served. He is not involved in the children's life. [ 3 ] Considering the evidence and the children's best interest the Court allows the parties to proceed even if Mr G is absent. [ 4 ] The four eldest children are present.

A lawyer represents all the children. [ 5 ] At the beginning of the hearing Mrs [Social Worker 1] asks the Court to entrust all the children to a foster home for a period of 12 months if the Court declares that their situation is compromised pursuant to the law. When cross-examined she changes her mind and agrees that the four eldest children can remain with their mother and the stepfather. [ 6 ] The parties admit that the children's situation is compromised. The measures are contested.

The mother and the stepfather want to have the children back with them. [ 7 ] The Court considers that the following facts are proven. [ 8 ] The Youth Protection has been involved with this family for many years. [ 9 ] Mr F and the mother are together since 2008. They both display alcohol related problems. [ 10 ] The mother is the main caregiver of the children. [ 11 ] The father Mr G is not regularly involved in the life of the children. [ 12 ] The evidence reveals that the children were left unattended on several occasions.

The house was often messy and the children were neglected. [ 13 ] On April 17, 2013 the mother signed a provisional agreement for thirty days for Z, A, B and C. The children were entrusted to a foster home. At that time X and Y were under the care of their maternal grandmother. [ 14 ] On May 16, the mother has been evicted from her house and the children X, Y, Z and A were placed in a foster home.

The mother left for City B with B and C. [ 15 ] On May 29, the Court orders the provisional foster care of all the children in a foster home for thirty days and extends those measures for another thirty days. [ 16 ] Since then the stepfather and the mother moved to City C. They have a five bedroom house. [ 17 ] The mother is pregnant and supposed to deliver in February. She doesn't use drug or alcohol when she is pregnant. [ 18 ] The mother and the stepfather have gone to the Wellness Center to seek counselling. [ 19 ] Since May their relationship is stable.

Mr F, the stepfather has become a born again christian and he doesn't drink anymore. He seeks counselling with a pastor. [ 20 ] According to [Social Worker 1] testimony the children's vulnerability is not the same for each of them. Even if they all need protection B and C's vulnerability is more important. [ 21 ] B is a three years old girl. She is born with trachea-esophaged and had a serious surgery when she was a baby. Because of her medical condition she has to take a lot of medication. [ 22 ] C is a baby of one year old.

Since she is born she has been in different foster homes. [ 23 ] The other children have lived the instability of their family and have been placed in different foster homes over the past years.

All of them have poor school attendance. [ 24 ] According to [Social Worker 1], Mr F and the mother are collaborating well with the Youth Protection services. [ 25 ] Mr F and the mother want to collaborate with the Director of Youth Protection and to follow any recommendation issued by this Court. [ 26 ] During her cross-examination [Social Worker 1] changed her recommendations concerning the measures for the eldest children to wit, X, Y, Z and A.

She recommended that the children be maintained with the mother and Mr F. [ 27 ] The mother and Mr F agree with these recommendations and say they will collaborate with the Director of Youth Protection. They agree also with the other recommendations concerning B and C to wit a placement in a foster home for a period of 12 months with a possible reintegration with their mother after eight months if the children's situation allows it. The lawyer of the children agree with all those recommendations. [ 28 ] The mother and Mr F started a new life in City C and they are expecting a baby.

They have sought help for their problems and they have stopped drinking. They want to collaborate with the Director of Youth Protection for their children's best interest. The Director of Youth Protection has decided to trust them. [ 29 ] Considering all the evidence including the admissions from the parents the Court concludes that the children's situation is in

danger pursuant to the Youth Protection Act . The Court ratifies the measures on which the parties have reached an agreement. For these reasons the Court in the cases of X, Y, Z and A : [ 30 ] Declares that the security and development of X, born […] , 1998, Y, […], 2000, Z, born […] 2002, A, born […] 2004, are in danger pursuant to sections 38 b) 1° (1); b) 1° (iii); b) 2° and

c) of the Youth Protection Act ; [ 31 ] Entrusts X, Y, Z and A to the mother Mrs E and the stepfather F; [ 32 ] Orders the following measures for a period of 12 months; [ 33 ] Orders the mother and the stepfather to remain sober in the presence of the children; [ 34 ] authorizes the Director of Youth Protection to proceed with unannounced visits at any moments at the parents' residence; [ 35 ] Orders the mother, the stepfather and the father to collaborate with the Director of Youth Protection; [ 36 ] Orders that a person working for an institution or body provides aid, counselling and assistance to the children, the mother, the stepfather and the father; [ 37 ] Orders the mother and the stepfather to make the necessary step for the children to attend school on a regular basis; [ 38 ] Recommends that the mother and the stepfather seek help for alcohol abuse; [ 39 ] Orders that the contacts between the children and the father G be supervised by the Director of Youth Protection as for the modalities, the frequency and the length; [ 40 ] Orders any police body to collaborate for the purpose of executing this enactment; [ 41 ] Entrusts the situation of X, Y, Z and A to the Director of Youth Protection of the Cree Board of Health and Social Services A who shall then see that the measures are carried out.

For these reasons the Court in the cases of B and C: [ 42 ] Declares that the security and development of B, born[…], 2010 and C, born[…], 2012 are in danger pursuant to sections 38 b) 1° (1); b) 1° (iii); b) 2° and

c) of the Youth Protection Act ; [ 43 ] Entrusts B and C to a foster home for a period of 12 months with a possible reintegration with the mother after eight months if the children's situation allows it; [ 44 ] Orders the following measures for a period of 12 months; [ 45 ] Orders that the contacts between children and the parents be supervised by the Director of Youth Protection as for the modalities, the frequency and the length; [ 46 ] Orders the parents to remain sober in the presence of the children; [ 47 ] Orders the parents to collaborate with the Director of Youth Protection; [ 48 ] Orders that a person working for an institution or body provides aid, counselling and assistance to the children and the parents; [ 49 ] Recommends that the parents seek help for alcohol abuse; [ 50 ] Orders any police body to collaborate for the purpose of executing this enactment; [ 51 ] Entrusts the situation of B and C to the Director of Youth Protection of the Cree Board of Health and Social Services A who shall then see that the measures are carried out. __________________________________ Josée Bélanger, J.C.Q.

Me Robert-André Adam, attorney for the Director of Youth Protection Me Yan Massé, attorney for the children Me Michel Grenier, attorney for the mother and Mr F

Date of hearing: August 27, 2013