2018 QCCQ 17580, 2018 QCCQ 17580

Protection de la jeunesse — 187834 2018 QCCQ 17580 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 550-41-003207-188 550-41-003208-186 DATE: September 28, 2018 ______________________________________________________________________ BY THE HONOURABLE JEAN-FRANÇOIS NOËL, J.Q.C. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Petitioner and X Y Children and A In their capacity as mother ______________________________________________________________________ JUDGMENT (sections 38 and 75, 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, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection alleges that the security and development of X, aged 12 and Y, aged 3, are endangered because of a serious risk of negligence as a result of the mother’s fragile mental health. In the case of X, the Director also alleges a situation of psychological abuse (denigration on the part of the mother).

The Director is asking the Court that the children be maintained in their natural environment with aid, counsel and assistance to the children and their mother for a period of nine months. [ 2 ] The mother is present and not represented by counsel. She recognises that the facts alleged in the motion and in the report prepared for the Court are true and is in agreement with the proposed measures. The children are not in attendance but they are represented by counsel. [ 3 ] Ms. A is a single mother living with her children. One night of August 2018, the mother was arrested for driving while intoxicated by alcohol.

Prior to her arrest, the mother was with her two children and with friends of X in the parking lot of a restaurant. In addition to being intoxicated, the mother was out of control and screaming at passers-by. The police were called on the scene and the mother fled in her vehicle, with her daughter in the back seat. Her son managed to get out before she fled. She was intercepted by police not long thereafter and she resisted the arrest.

The police report was produced in evidence by the Director. [ 4 ] Following this event, the children were entrusted to their maternal grand-parents, who are greatly supportive of the family. While the Director’s report suggests that the mother’s intoxication may have been an isolated incident, there are serious concerns in relation to the mother’s mental health (anxiety and a possible bipolarity disorder). [ 5 ] The report also reveals a conflictual relationship between X and his mother, including psychological abuse (denigration) on the part of the mother.

The mother acknowledges that she has little parental authority towards X, who sees her more as a sister than as a

mother. X also has significant learning disabilities which impact his academic development. [ 6 ] As for Y, she is developing normally and is currently attending daycare. Nevertheless, the director claims that the mother’s mental health issues pose a serious risk of negligence. [ 7 ] The August incident represents a trigger event or the mother.

She agrees with the Director’s assessment of the situation and says she welcomes support and services, including psychological counselling for her and X. [ 8 ] Under the circumstances and in view of the testimonies heard and the mother’s admissions, the Court is convinced that the security and development of X and Y are in danger and that the measures recommended by the Director of Youth Protection are both in their interest and respectful of their rights. [ 9 ] THEREFORE THE COURT : [ 10 ] GRANTS the motion; [ 11 ] DECLARES that the security and development of the children are in danger; [ 12 ] ORDERS the implementation of the following protection measures for a period of nine months:

a) That the children return to their natural environment;

b) That X receive the services necessary to develop to his full potential and to assist him in developing and consolidating a secure and stable emotional bond with his mother;

c) That a person authorised by the Director of Youth Protection provide aid, counsel and assistance to the children and their mother; [ 13 ] RECOMMENDS:

a) That the mother undertake a mental health assessment and that she follow the recommendations of professionals;

b) That the mother participate in a follow-up to improve her parenting skills; [ 14 ] ENTRUSTS the situation of the children to the Director of Youth Protection who shall then see that the measures are carried out. Signed on October 12, 2018 __________________________________ JEAN-FRANÇOIS NOËL, J.Q.C. Mtre. Laura Normandin Counsel for the Director of Youth Protection Mtre. Claude Dostie Counsel for the children A Mother - Representing herself Date of hearing: September 28, 2018