r v. A AND B, 2014 QCCQ 18651

Protection de la jeunesse — 146820 2014 QCCQ 18651 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division DATE: November 25, 2014 ______________________________________________________________________ PRESENT: THE HONOURABLE CLAUDE P.

BIGUÉ J.C.Q. ______________________________________________________________________ IN THE MATTER OF : Nos. 615-41-001953-149 X , born […], 2002 615-41-001954-147 Y , born […] 2003 615-41-001955-144 Z , born […] 2007 ______________________________________________________________________ [SOCIAL WORKER 1] Youth protection worker, duly authorized by the Director of Youth Protection of the Centre jeunesse A Petitioner v.

A AND B Parents ______________________________________________________________________ JUDGMENT on a motion for protection (section 38 Y.P.A.) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of 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 (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The representative of the Director of Youth Protection filed a motion seeking to have the development and security of three children— X, 12 years old; Y, 11 years old; and Z, 6 years old—declared in danger. [ 2 ] Counsel represented the following parties: Mtre. Sylvie Gourd for the children, Mtre. Karine Leclerc for the mother, and Mtre. Valérie Martel for the D.Y.P.

The father was not present or represented. - Factual context [ 3 ] The Director has been involved with the A family since 2009. The petitioner has been personally involved in the file since 2011. [ 4 ] The parents have been separated since July 2011. [ 5 ] The children and the mother resided with the maternal grandparents, in A, for the summer of 2014. Before that, the maternal grandparents provided support and respite to the mother, who was in the situation of being a single parent. [ 6 ] On August 25, 2014, the mother moved from A to B with her three children. She gave no prior notice to the D.Y.P.

She now lives in the immediate neighbourhood of two family members: the mother’s sister (including her children–cousins of the three children), and the mother’s aunt. All of them are Native persons. [ 7 ] The father lives in C. He did not cooperate in the follow-up offered by the D.Y.P. for his anger management and alcohol abuse issues. He did not keep in contact with his children and he has in fact abandoned them. [ 8 ] The mother has been displaying signs of emotional distress and substance abuse, especially since last spring. ANALYSIS - Endangerment:

[ 9 ] The security and development of the three children are endangered according to three sections of the Youth Protection Act : 1)

Section 38 b) 2 o : Serious risk of neglect (the mother’s mental health problem, the mother’s and the father’s addiction problem); 2)

Section 38 b) 1 o i): Physical neglect by the mother, and abandonment by the father; 3)

Section 38 b) 1 o iii): Educational neglect (too many absences from school). - The father [ 10 ] The petitioner has had no cooperation from the father. The father has not even contacted the Director of Youth Protection. He has had no contact with his children either. [ 11 ] The father has focused on his new life with a new spouse. He got married to C last September, and he spends much time between C and D. [ 12 ] Although the father was duly informed of the hearing of the present petition, he decided not to show up in Court.

He told the social workers in his community that he has been too busy with his recent marriage. However, he currently does not work, study or attend a place of learning. He has no specific occupation. [ 13 ] He delayed his therapy for his alcohol addiction, without any valid reason. [ 14 ] The petitioner has tried numerous times to get in touch with the father, but she did not succeed. The father did not provide the petitioner with opportunities for an appointment or even for a conversation over the telephone.

However, the petitioner made sure that the father was duly informed of the presentation of the motion before this Court, particularly by leaving messages on the answering machine and through the father’s new spouse, to whom she talked. In any event, the father has the right to apply for a review of this decision, pursuant to

section 95 Y.P.A. If he wishes to submit new facts to the Court, he will have to prove them ( art. 2803 of the Civil Code of Québec ). - Measures [ 15 ] It is important that this file proceed without further delays, in the children’s interests. [ 16 ] The file has already been transferred to a social worker at [Center A] in B. [ 17 ] The children are reportedly doing well in B, so far. [ 18 ] An important measure will be ordered to ensure that the children attend school everyday from now on. [ 19 ] In addition, the mother has begun to receive, in B, services for her personal problems.

In A, she had received some services from the CSSS concerning neglect issues (the J’équipe ma famille program). [ 20 ] Besides the services offered by the D.Y.P., the mother is expected to get some support from the extended family in B. [ 21 ] The mother said that she had been using drugs for a certain period of time, but now claims that she is sober. Follow-up is, however, necessary regarding that issue. [ 22 ] The Director has to remain in these children’s lives for an additional period of 12 months. - A greement [ 23 ] The mother has begun to cooperate fairly well with the D.Y.P. workers in B.

We hope that the cooperation will continue. [ 24 ] A draft agreement has been signed by the parties, and it is in the children’s interest for it to be enforced.

FOR THESE REASONS, THE COURT: [ 25 ] GRANTS the motion for protection; [ 26 ] DECLARES that the security and development of X, born on […], 2002; Y, born on […], 2003; and Z, born on […], 2007; are in danger; [ 27 ] ORDERS that the three children be maintained with their mother, and that the mother report periodically to the Director on the measures she applies in her own regard and in the children’s regard to put an end to the situation in which the security and development of the children are in danger; [ 28 ] CONFIRMS the agreement signed by the parties on October 7 and 8, 2014, (Exhibit D-7), in each file; [ 29 ] ENFORCES the agreement and ORDERS that all parties abide by it; [ 30 ] ORDERS especially that the children attend school every day; [ 31 ] ORDERS that the police cooperate in the execution of this judgment; [ 32 ] ENTRUSTS the children’s situation to the Director of Youth Protection for the application of the measures ordered.

__________________________________ CLAUDE P. BIGUÉ, J.C.Q. Mtre. Valérie Martel For the D.Y.P. Mtre. Sylvie Gourd For the children Mtre. Karine Leclerc For the mother Mr.B, absent and not represented Date of hearing: October 8, 2014