2011 QCCQ 9018, 2011 QCCQ 9018

Protection de la jeunesse — 112195 2011 QCCQ 9018 JL3389 QUÉBEC COURT CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] « Youth Division »

N° : 525-41-024058-109 DATE : January 31 st , 2011 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MICHÈLE LEFEBVRE, J.C.Q. ______________________________________________________________________ In the matter of: X Born on […], 2010 [SOCIAL WORKER 1], in her capacity as person duly authorized by the Director of Youth Protection of Batshaw Youth and Family Centres applicant - and - A , the mother respondent ______________________________________________________________________ JUDGMENT (section 38 Y.P.A.) ______________________________________________________________________ [ 1 ] The present judgment confirms in writing the decision rendered orally at the hearing held on January 31 st , 2011. [ 2 ] The Court is seized in conformity with

section 38 of the Youth Protection Act with a demand that the security or development of X and his twin sibling be declared to be in danger for the reasons alleged in the paragraph 3 of the motion. [ 3 ] Essentially, le Director of Youth Protection sustains: 3.1 there is a serious risk that the mother does not meet the child's basic needs, more particularly but not restrictively in that:

a) the mother (17 years old) consumes marijuana;

b) the mother resided at House A with the child from April to around October 2010 in order to receive support and acquire parenting skills;

c) the mother was subsequently asked to leave the program at House A due to her substance abuse;

d) for a short period of time, the mother went to reside with the maternal grandmother, Mrs B;

e) numerous concerns regarding the mother's lack of appropriate supervision have been reported;

f) the child has been observed to have access to dangerous objects in the home;

g) the mother and the maternal grandmother have a highly conflictual relationship;

h) given the conflicts, the mother left the maternal grandmother's home on or around December 8 th , 2010 with the child and went to reside in the home of her boyfriend;

i) concerns exist with regards to the mother's boyfriend pertaining to his history of violence, gang related activities and drug involvement; 3.2 the mother does not meet the child 's basic needs with respect to food, clothing, hygiene or lodging taking into account her resources, more particularly but not restrictively in that:

a) at present, the mother does not have the material needs for the child; 3.3 On December 13 th 2010, immediate protective measures were extended and the child was entrusted to the maternal grandmother for a maximum of five (5) working days as it appears more fully from the court's file; 3.4 The mother admits to the concerns presented, however fails to recognize the risk factors for the child; [ 4 ] With the consent of the parties the Court proceeded to a joint hearing for the child and his twin sibling. [ 5 ] The Director of Youth Protection is recommending that both children be entrusted to the maternal grandmother for a period of nine (9) months with a possible reintegration to the mother's care during the last three (3) months with aid, counsel and assistance for a period of one (1) year, and that measures be applied in order to correct the situation, as appears in the Court record. [ 6 ] The mother, through her attorney, declared that she was in agreement with all the measures proposed by the Director of Youth Protection, as appears in the Court record. [ 7 ] The child's attorney, declared that he was in agreement with all the measures proposed by the Director of Youth Protection, as appears in the Court record. [ 8 ] By consent and to serve as evidence, the Director of Youth Protection filed the following documents: D-1 Birth certificate; D-2: Court Report, signed by signed by [Social Worker 1], dated January 20 th , 2011; [ 9 ] ANALYSIS OF THE EVIDENCE AND DECISION [ 10 ] The Court finds from the evidence that since the birth of her twin sons X and Y ([…] old), the young mother has lived with her children at her own mother's (children's maternal grand-mother), at House A, back at her mother's home which she left to go to her boyfriend's.

This has resulted in a lot of instability and upheaval for the young children. [ 11 ] The mother has difficulty looking after both children and has not provided adequate care and supervision at all times. While she was living with the grandmother, the latter would compensate for the mother's shortcomings, but when she took her children to her boyfriend's, the situation was not the same.

The home of the mother's boyfriend was not considered to be appropriate for two young babies (many occupants, violent altercations, possible drug dealing, frequent police interventions) and consequently they were placed in a foster home. [ 12 ] The grandmother has offered to look after her grandsons. The mother accepts that her children be placed with her mother even though her own relation with her may be conflictual at times.

The Director of Youth Protection supports this plan. [ 13 ] Therefore, having received the admissions of the parties, taken into consideration the reports submitted, the Court concludes that the allegations have been proven to its satisfaction and permit the measures to be applied. [ 14 ] CONSEQUENTLY, AND FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the motion; [ 16 ] DECLARES that the security and development of X are endangered within the meaning of the Youth Protection Act ; [ 17 ] IN VIRTUE OF THE POWERS CONFERRED UPON THE COURT BY

SECTION 91 OF THE YOUTH PROTECTION ACT: [ 18 ] ORDERS both children to be entrusted to the maternal grandmother Mrs B for a period of nine (9) months: TAKING NOTE that considerations has been given to Mrs B being recognized as a foster home and if she is considered as a foster home that the children be entrusted to her care as a specific foster home; [ 19 ] ORDERS that the children be reintegrated to the mother's care during the last three (3) months of the nine (9) months placement if the situation allows; [ 20 ] ORDERS that the mother participate actively in threatment for women who are victims of conjugal violence and that she participate in a parenting program; [ 21 ] ORDERS that frequency and modality of contacts between the mother and the children be determined by the Director of Youth Protection including supervision if deemed necessary;

[ 22 ] ORDERS that the children receives all the medical services that they required; [ 23 ] AUTHORIZES the grandmother to sign the consents needed for the necessary services to be provided for the children; [ 24 ] ORDERS the grandmother to inform the Director of Youth Protection each and everytime that She signs such consents; [ 25 ] ORDERS that aid counsel and assistance be provided to the children and their family a period of one (1) year; [ 26 ] ENTRUSTS the situation of X to the Director of Youth Protection of Batshaw Youth and Family Centres, who shall then see that the measures are carried out. [ 27 ] ORDERS the execution of the present judgment by any peace officer, if necessary;.

SIGNED AT CITY A __________________________________ MICHÈLE LEFEBVRE, J.C.Q. M e Myriam Deblois Attorney for the applicant M e Robert Hamel Attorney for the children M e Paul Grzela Attorney for the mother Judgment rendered orally on January 31 st , 2011 ML/mlm