2016 QCCQ 9840, 2016 QCCQ 9840

Protection de la jeunesse — 16506 2016 QCCQ 9840 COUR OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] « Youth Division »

N° : 505-41-008064-158 DATE : February 5, 2016 ______________________________________________________________________ PRESIDED BY THE HONOURABLE JUDGE FRANCINE GENDRON ______________________________________________________________________ [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 Petitioner -et- X , born on […], 2015 Child-Respondent -et- A , Mother-Respondent -et- B , Father-Respondent ______________________________________________________________________ JUDGMENT Article 95 (1) of the Youth Protection Act ______________________________________________________________________ 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 11.2.1 and 135 Y.P.A .) [ 1 ] On October 16, 2015, the Court declares the security and the development of the child X in danger for neglect on the educational level and psychological ill treatment as a result of the parents’ recurrent addiction problems. [ 2 ] At that time, the Court entrusts the child to his mother until June 30, 2016 providing that she remain sober, that she meet with her addiction worker on a regularly scheduled basis and follow recommendations.

The contacts and visitation between the child and his father are from Friday to Sunday every weekend and on holidays and special occasions upon agreement between the parties. [ 3 ] The Director (the Director of Youth Protection) is asking that this motion be revised considering that the mother is no longer sober. [ 4 ] Provisional measures are rendered on January 5 th , 2016, entrusting the child to his maternal grandmother. [ 5 ] The Director recommends maintaining X with his grandmother until June 30, 2016 and that contacts with each parent be established upon agreement between the parties as the situation evolves. [ 6 ] The parents admit the allegations in the motion, recognize that the security and development of the child are in still in danger and consent to the measures sought by the Director. [ 7 ] The child’s lawyer ignores the allegations in the motion and, after taking notice of the testimonies and the documentary evidence, consents to the measures sought. [ 8 ] The reports submitted by the petitioner are filed as proof and testimony of their author.

Evolution of the situation

[ 9 ] The proof reveals that the mother is still grappling with her dependence to alcohol and has trouble maintaining her sobriety for more than a few months. Certain mental health issues are added to this situation. [ 10 ] Thus, on January 2, 2016, the mother leaves X at home alone while she goes out drinking. Immediate Protective Measures are evoked entrusting the child to his maternal grandmother, Mrs. C. [ 11 ] Four days later, the mother is seen purchasing alcohol from the local grocery. The […] Peacekeepers are called and find her boyfriend, D, holding a glass of alcohol mixed with Gatorade.

They take the mother to the hospital, but she is later released because she is not a danger to herself or to others. [ 12 ] On January 21, KSCS receives a report that the mother is drunk and threatening to want to cut her baby out of her belly. She is also reported as having suicidal ideations.

She is once again brought to the hospital, assessed by a doctor, given medication and is then released with the explanation that if this situation occurs again she will have to stay in the hospital. [ 13 ] The mother reports to the case worker that she is feeling depressed, but is being proactive about it and has scheduled an appointment with her medical doctor. [ 14 ] Until recently, the father was in an in-patient treatment center.

During that time, the paternal grandmother would take X with her each week-end where the father would visit him for few hours. [ 15 ] It should be noted that the mother was granted custody of the child on October 23, 2016. [ 16 ] Since X has been under his grand-mother’s care, his mother visits him three times a week, from the end of the school day until after supper. The visits are supervised by her boyfriend who reports that they are going well. [ 17 ] Hopefully, X appears to be quite resilient despite the chaos that has occured in his family.

He remains a very happy and pleasant child and knows that he can count on one or the other of his grand-mothers to remedy to his parents’ difficulties and to ensure that all his need are met when they struggle with their addiction problems. [ 18 ] The Court quotes the social worker's observations and analysis as she clearly identifies the parents’ central difficulties and the goals they need to reach in their child’s best interest [1] : Presently Ms. A broke her court order and drank to the point of being intoxicated while X was in the house and while being pregnant. Ms.

A is clearly still struggling with her sobriety and mental health issues and it is in X's best interest to remain with his maternal grandmother until Ms. A can be sober for a significant period of time. The same can be said for Mr. B. Neither parent can provide X with stability and consistency. Their main focus at this point should be to maintain sobriety.

This will have an obvious impact on their son, as the biggest disruption to his well-being and safety has been their inability to maintain sobriety. [ 19 ] Considering the above, the situation commands that X be entrusted to his maternal grand-mother until June 30 th , 2016. [ 20 ] After receiving the admissions and considering the reports filed, the testimony heard as well as the child’s best interest, the Court finds that the situation adduced in evidence gives rise to protective measures.

FOR THESE REASONS, THE COURT: [ 21 ] DECLARES that the security and the development of the child X still in danger for neglect on the educational level and psychological ill-treatment; [ 22 ] ORDERS that the child be entrusted to a foster family and TAKES ACT that he lives with his maternal grand-mother, Ms C; [ 23 ] ORDERS that the contacts between the child and his parents be following agreement between the parties concerning the terms, frequency and the degree of supervision required; [ 24 ] ORDER that the parents of the child take an active

part in the application of the measures ordered, namely that they continue to meet with their respective addiction workers/program and follow recommendations; [ 25 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 26 ] ORDERS that both parents remain sober in the presence of the child; [ 27 ] TAKES ACT that spot-checks are in place when the child is visiting with his mother; [ 28 ] ENTRUSTS the situation of the child X to the Director of Youth Protection of A for the execution of the present judgment. [ 29 ] THE WHOLE, until June 30 th 2016.

__________________________________ FRANCINE GENDRON , J.C.Q. Me Véronique Crête Lawyer for the D.Y.P. Me Marie-Pierre Blouin Lawyer for the child Me Kathleen O’Meara Lawyer for the mother Me Manon Mallette Lawyer for the father Date of Hearing : February 5th, 2016