2019 QCCQ 14925, 2019 QCCQ 14925

Protection de la jeunesse — 1911399 2019 QCCQ 14925 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division Nos: 605-41-001005-198 605-41-001006-196 605-41-001007-194 DATE: April 23, 2019 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the Centre intégré de santé et de services sociaux A APPLICANT and X , born on [...], 2008 Y , born on [...], 2011 Z , born on [...], 2012 CHILDREN and A MOTHER and B FATHER ______________________________________________________________________ JUDGMENT ( Sections 38 and 91 of the Youth Protection Act CQLR c.

P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for 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 Director of Youth Protection submits three motions asking the Court to declare that the security and development of X, ten years old, Y, seven years old and Z, six years old, are endangered pursuant to sections 38 b) 2° and

c) of the Youth Protection Act , namely serious risk of negligence and psychological ill-treatment. [ 2 ] For the present hearing, the mother is present and represented by Mtre Marie-Claire Lemieux. Mtre Alexandra Bourgeois acts on behalf of the children, and Mtre Annie Gaouette on behalf of the Director. [ 3 ] The father is neither present nor represented by counsel. He received a verbal notice of the hearing twice. More verifications were made on the day of the hearing in order to reach him, but to no avail.

The Director of Youth Protection is asking the Court to waive the obligation to serve the motion to the father saying that he is not really involved in his children’s situation, except for X once last Christmas, he has not seen his children since the fall of 2017, and considering the fact that he offers no collaboration to the Social Worker in [Town A]. [ 4 ] The mother asks to proceed in the absence of the father and Mtre Bourgeois is of the same opinion. [ 5 ] The evidence reveals that the Youth Protection Worker spoke with the father on March 4, 2019, in order to inform him that the situation of his children would be brought in court on April 23, 2019, in [Town B].

She reminded him of the date during another conversation which took place on March 11, 2019. The father was well informed of the present hearing.

As he is not present in the children’s daily life, the Court will allow the Director to proceed. [ 6 ] The mother admits almost all of the allegations of the petitions and is in agreement with the measures recommended by the Director of Youth Protection. [ 7 ] The evidence reveals that since 2017, the family has been receiving services from the Director of Youth Protection following agreements on voluntary measures because of the parents’ difficulties, the violence occurring within the couple in presence of the children, and addiction problems. [ 8 ] The parents do not live together anymore and the father is not involved in the children’s lives. [ 9 ] The mother and the children moved to [Town C] in November 2017.

During the last month, the family experienced some

instability, living at different places such as [Resource A] and the maternal grandmother’s place. Today, the mother declares that it is her intention to find an apartment in [Town B] for her and her children. [ 10 ] The mother also admits that she struggles with a drinking problem. Last October, the Director of Youth Protection had to take immediate protective measures to entrust the children to a foster family because the mother had left. [ 11 ] On February 20, the mother told the children that she was leaving for a short moment and came back four days later.

She admits that during those four days, she drank alcohol. The children were very worried about her. [ 12 ] On March 1, the mother left the home again to go drinking with friends. She left the children to a member of the extended family and a friend. The very same day, the Director of Youth Protection received a report regarding the fact that the children were in the care of people under the influence of alcohol.

As he was unable to reach the mother, the Director had to take immediate protective measures and entrusted the children to a foster family. [ 13 ] Once again, on March 4, the children returned with their mother. On March 11, the Court entrusted the children to foster families during the proceedings. [ 14 ] It also appears from the documents filed that very often the children missed school or were late. [ 15 ] Since their placement, the situation of the children has improved. [ 16 ] The two youngest children are in the same foster family and X is in another, which is good for him.

He is learning to be a 10 year-old and not to worry so much about the well-being of his young siblings. X has been parentified. This burden is too heavy for such a young child. However, it is important that they keep in touch as often as possible. [ 17 ] The mother has not seen her children since the provisional measure and this situation has an impact on the children.

It was explained to her that she must be regular in order not to disappoint her children or make them worry about her safety. [ 18 ] The mother has already taken steps in order to be assessed for her alcohol consumption problem and to attend a treatment centre.

She is in touch with the Social Services in [Town D] in order to attend such treatment centre. [ 19 ] The goal of the law is to return the children to the care of their mother as long as the mother resolves her alcohol consumption problem. [ 20 ] FOR THESE MOTIVES, THE COURT : [ 21 ] GRANTS the applications; [ 22 ] DECLARES that the security and development of X, Y, and Z are endangered pursuant to

section 38 b) 2° and

c) of the Youth Protection Act ; [ 23 ] ORDERS the placement of the children in foster families for a period of 9 months with a possible reintegration with the mother if the situation allows it; [ 24 ] ORDERS the mother to take the necessary steps to be assessed for her alcohol consumption problem and to follow the recommendations of the professional; [ 25 ] ORDERS that aid, counselling and assistance be provided to the family for a period of 18 months; [ 26 ] ORDERS that a calendar establishing contacts between the mother and the children be drafted in a way which is realistic for the mother to be able to follow, and that these access rights between the children and their mother be supervised by the Director of Youth Protection as for the frequency and the modalities including the presence of a third party if necessary; [ 27 ] ORDERS that contacts between the children and their father be supervised by the Director of Youth Protection as for the frequency and the modalities including the presence of a third party if necessary as long as the father gives guaranties of regularity in the exercise of these access rights; [ 28 ] ORDERS the parents to be and to remain sober when in presence of the children; [ 29 ] ORDERS the parents not to put the children in the presence of people under the influence of intoxicating substances; [ 30 ] ORDERS that the children attend school on a regular basis and that any absence be justified to the Youth Protection Worker within 24 hours with the motives for the absence; [ 31 ] AUTHORIZES unannounced visits in any place where the children are; [ 32 ] TAKES NOTICE of the consent of the mother that, if she cannot be reached for school or health related authorizations, that the Director of Youth Protection will decide to give, or not, these school or health related authorizations and will inform the mother thereafter; [ 33 ] ORDERS that access rights between the siblings be encouraged and as frequent as possible; [ 34 ] ORDERS the parents to collaborate with the execution of the Court orders; [ 35 ] ORDERS any peace officer to collaborate with the execution of the Court orders if requested to do so by the Director of Youth

Protection; [ 36 ] ENTRUSTS the situation of the children to the Director of Youth Protection for the execution of the Court orders. Signed in [Town B] on May 15, 2019 __________________________________ LUCILLE CHABOT, J.C.Q. Mtre Annie Gaouette Lemire, Gaouette & Martel Lawyer for the applicant Mtre Alexandra Bourgeois Auger Bourgeois Desfossés Langlois Avocats Inc. Lawyer for the children Mtre Marie-Claire Lemieux Centre communautaire juridique – A Lawyer for the mother Date of hearing: April 23, 2019