2015 QCCQ 15326, 2015 QCCQ 15326

Protection de la jeunesse — 154021 2015 QCCQ 15326 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000493-152 DATE: December 2, 2015 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Petitioner -and- X born on […], 2013 Child -and- A -and- B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 (DYP) asks the Court to declare that the security or development of the child is in danger, because of his exposition to domestic violence, a serious risk of neglect (mother’s addiction), and basic needs are not provided. His brother and sister are aimed by the same request. [ 2 ] At the hearing, the mother is present and unrepresented. The father is not present even if the petition was duly served to him.

The child is absent but represented by a lawyer. [ 3 ] The parties admit the facts, and they agree on the amended measures proposed by the DYP.

Moreover, they consent to the filing of the report to value the testimony of its author. [ 4 ] On May 31, 2013, an agreement in voluntary measures was signed by the parents because of several occurrences of domestic violence. [ 5 ] On June 5, 2014, an agreement on a voluntary measure for a period of six months was signed by the parents because of the situation of neglect. [ 6 ] On the night of the December 31 st , 2014, an incident occurred between the mother and his father. The police had to intervene, and the DYP was called because the mother could not be awakened.

She was basically unconscious after using drugs and alcohol. [ 7 ] The house was a mess and very dirty. Many beer bottles were open on the table. There were dog feces all over the floor. The children were in the apartment all by themselves and unsupervised. An immediate protective measure was taken removing the children from the maternal home. [ 8 ] The mother’s house is unsanitary and there is a strong smell throughout the house. The children hygiene is neglected. The boys stink when they arrive at the babysitter’s house.

The babysitter gives them a bath everyday and when they come back the next day, they have the same bad odour. [ 9 ] The child is currently living with one his maternal aunt and his brother lives with another maternal aunt. [ 10 ] The mother consumes pills such as “OxyContin" and “Percocet". She lost her job because she showed up when she was high.

Often, she was coming to work while under the influence of narcotics. The mother denies having problems with hygiene, and also denies being fired because of her drug consumption. [ 11 ] The mother is not cooperative with the services. She is irregular, and she displays aggressiveness towards the professionals. It’s a hard task to obtain a meeting with her. She never calls the worker to have information about her children or to give any news. The mother met for the first time with the youth delegate on August 17, 2015.

She is not concerned nor participates in any sort of way in the evaluation process. [ 12 ] In September 2015, the mother finally admitted maybe having an addiction and would consider seeking treatment. She met with an addiction worker to look for a therapy concerning her dependences and traumas. She agreed to get involved in a three-month treatment, but she never went through with it. [ 13 ] The mother did not ask for visits to see her child. She displays a lack of attachment towards her children. She does not get involved in resolving her problem.

She does not demonstrate any commitment nor seek help. [ 14 ] The mother is living in a situation of domestic violence with the father of the two youngest children. In 2015, the police had to intervene in the household approximately twenty times for that matter. Many times she had bruising on her body. She was hospitalized more than once. Even one time, while she was pregnant, her body was covered with bruises. Sometimes the children were present during these aggressions. [ 15 ] The father does not get involved in resolving the situation. He does not collaborate with the services.

Furthermore, the father also seems to have a problem of consumption of drugs. He has difficulty to control his impulsivity and even more when he is under the influence of substances. The child is exposed to domestic violence between the mother and the father, which is been going on for a long period. [ 16 ] The father had visitations with his sons at his mother’s house. [ 17 ] The child needs to be in a stable, in a secure and in a safe environment. The child is adapting well in his foster family. [ 18 ] The evidence demonstrates that the security and development of the child are considered in danger.

Under the circumstances, the petition is well founded. The suggested measures appear to be in the best interest of this child. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 19 ] GRANTS the petition for protection; [ 20 ] DECLARES that the security and development of X are considered to be in danger according to

section 38 of the youth protection act ; [ 21 ] ORDERS that the child be entrusted to a foster family designated by the DYP until June 30, 2016; [ 22 ] ORDERS that the parents/child contacts take place under an agreement between the parties and authorized the DYP to supervise the contacts if deemed necessary; [ 23 ] RECOMMENDS that the mother receive psychological counselling for her personal issues until deemed necessary by the psychologist; [ 24 ] RECOMMENDS that the mother involve herself in an assessment for drugs and alcohol addictions and follow-up if deemed necessary by the professional; [ 25 ] RECOMMENDS that the father receive psychological follow-up for as long as deemed necessary by the professional; [ 26 ] FORBIDS that the child be in the presence of both parents at the same time, unless if authorized by DYP; [ 27 ] ORDERS that the parents participate actively to the application of the ordered measures; [ 28 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and his family until June 30, 2016; [ 29 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Lynn-Ann Smith for the petitioner Me Kimon Kling for the child Mrs. A the mother Mr. B the father (absent) Date of hearing: December 2, 2015 Written judgment filed on December 11, 2015