2012 QCCQ 13961, 2012 QCCQ 13961

Protection de la jeunesse — 125680 2012 QCCQ 13961 COURT OF QUEBEC YOUTH DIVISION CANADA PROVINCE OF QUEBEC DISTRICT OF [...] N°: 525-41-023137-102 DATE: October 17, 2012 ______________________________________________________________________ BY THE HONOURABLE ANN-MARIE JONES, J.C.Q. ______________________________________________________________________ Director of Youth Protection A Applicant - and - X Born on […], 2009 - and - A - and - B Respondents ______________________________________________________________________ JUDGEMENT

Section 95 Youth Protection Act ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act , no person may publish or broadcast 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. [Y.P.A. sections 11.2.1 and 135] [ 1 ] The Court hereby confirms and gives the reasons for a decision rendered verbally at the hearing of October 17, 2012, in accordance with the requirements of

section 90 of the law. [ 2 ] The Court was presented with a motion for revision by the Director of Youth Protection of an order rendered March 30, 2011, entrusting the child to the mother’s care on the condition that the mother reside at a place approved by the Director of Youth Protection.

Furthermore, that a social follow-up be provided to the family for one year. [ 3 ] The principal facts alleged in support of the motion are the following: • Given that the mother experienced two relapses on alcohol, the [center A] After Care Program requested that the mother terminate her stay in their supervised apartment program; • In November 2011, the mother and the child went to reside with the father; • The mother has again relapsed on drugs and alcohol; • On December 3, 2011, the mother who was at the time intoxicated, called the center A Rehabilitation Program to ask for assistance; • The mother admitted to resuming her alcohol consumption along with ketamine consumption with the father and at the latter’s initiative; • On December 3, 2011, the Director of Youth Protection received a signalement pertaining to the mother’s situation; • On December 5, 2011, immediate protective measures were invoked, the child was placed in a foster home, while the Director of Youth Protection determined the frequency and modality of contacts between the child and the parents; • Given the maternal grandmother’s desire to care for the child, the latter was than entrusted to her, with the mother residing in the home;

• On December 12, 2011, the mother had alcohol delivered to her by taxi while the grandmother was in the shower; • The youth worker had to intervene in the home in order to have the mother leave the premises; • The mother was seen to be extremely intoxicated, as well as verbally and physically aggressive towards the maternal grandmother; • The father admits to be using drugs and alcohol; • The maternal grandmother is unable to have the child entrusted to her care. [ 4 ] The Director of Youth Protection recommends that the child be entrusted to foster care for the period of six months, that the parents address their substance abuse and that they submit to random drug testing and that a social follow-up be provided to the family for six months. [ 5 ] The parents admit the facts alleged in the motion and consent to the measures recommended by the Director of Youth Protection. [ 6 ] The mother testifies that she will be entering an inpatient program at [center A] on November 2, 2012.

She feels that she does not have enough contacts with her son. She agrees to undergo random drug testing, but wants the father to also undergo random drug testing, as she wants to the assured that he is not consuming alcohol or drugs. [ 7 ] The father states that he has started a therapy at center B on October 2, 2012. He admits that he relapsed once in October when he drank some wine. He says that the visits with his son go very well and that X enjoys outside activities.

The father agrees to undergo random drug and alcohol testing. [ 8 ] The Court also heard the testimony of [social worker 1], human relations’ agent, and read the report that the Director filed as proof of the child’s situation. The evidence reveals that the mother continues to struggle with her addiction and mental health issues. The mother has relapsed on a few occasions since the last court order. [ 9 ] The parents are no longer a couple. They separated in August 2012.

The father is currently living at his mother’s home, but wants to find a job and get his own apartment. [ 10 ] Under the circumstances, it is in the child’s best interest to be entrusted to center B care for a period of six months. All parties agree that X is doing very well in his current foster family.

The parents must address their substance abuse addiction and their personal issues in order to have extended visits with their son and eventually regain his custody. [ 11 ] The evidence and the admissions made have convinced the Court that the security and development of the child are still compromised. [ 12 ] THEREFORE, THE COURT: [ 13 ] GRANTS the motion; [ 14 ] DECLARES still compromised the security and development of the child, X; [ 15 ] ORDERS that the child, X, be entrusted to foster care for a period of six months; [ 16 ] RECOMMENDS that the child be maintained in his current foster family; [ 17 ] ORDERS that the frequency and modality of contacts between the child and his parents be determined by the Director of Youth Protection, including supervision if deemed necessary, after discussion with the parents; [ 18 ] ORDERS the mother to participate in a treatment program for substance abuse and follow the recommendations of the professionals working with her and TAKES JUDICIAL NOTICE that the mother will be entering an A program at center A on November 2, 2012; [ 19 ] ORDERS the mother to continue to address her mental health issues; [ 20 ] ORDERS the father to participate in a treatment program for substance abuse and to follow the recommendations of the professionals and TAKES JUDICIAL NOTICE that the father is currently receiving services from center B; [ 21 ] ORDERS the father to complete his parental capacity assessment and to follow the recommendations of the therapist; [ 22 ] ORDERS the parents to submit to random drug testing at the request of DYP and TAKES JUDICIAL NOTICE of the parents to do so; [ 23 ] ORDERS that the parents not be under the influence of drugs or alcohol in the presence of the child; [ 24 ] ORDERS that aid, counsel and assistance be provided to the child and his family for a period of six months; [ 25 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection A, who shall see that the measures are carried out; [ 26 ] ORDERS the execution of the present order by any peace officer.

Signed October 22, 2012 Ann-Marie Jones, J.C.Q. AMJ/dg Me Anne-Marie Dodds Counsel for the Director of Youth Protection Me Christian Benoit Counsel for the child Date of hearing: February 16 and October 17, 2012