2017 QCCQ 17041, 2017 QCCQ 17041

Protection de la jeunesse — 177524 2017 QCCQ 17041 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-031819-162 Date: October 4, 2017 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2015 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother The parent JUDGMENT Sections 95 and 95.1 of the Youth Protection Act (L.R.Q., 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 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of October 4, 2017, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was also presented with similar applications regarding the child’s siblings whose situations are addressed in separate judgments. [ 3 ] The Court was presented with an Application for revision and extension of an order rendered by the undersigned, on December 15, 2016, whereby the now two year-old child, X , was entrusted to his maternal aunt, Ms.

B, with a possible reintegration to his mother’s care after six months with aid, counsel and assistance, for a period of one year. [ 4 ] The facts alleged in support of the Application for revision and extension dated July 4, 2017, are as follows: 3.1. the child is thriving in the care of the maternal aunt, Ms. B, more particularly but not restrictively in that:

a) significant improvement with respect to the child’s well-being and behaviour has been observed and the child appears happy in the care of the aunt; 3.2. the putative father Mr. C maintains regular contact with the child and assists Ms. B with groceries and sometimes money for the child; 3.3. the mother’s situation has not improved, more particularly but not restrictively in that:

a) the mother has yet to commit to addressing her mental health and alcohol and substance abuse, and she has had a number of police involvements due to her mental health, behaviour and substance use; 3.4. the mother did not follow-up consistently with a treatment group at Pavillion A, she failed to attend an individual session to assess her level of motivation in March, and she was removed from the waiting list for the residential program as she did not want to participate; 3.5. the mother failed to follow through with psychiatric services and she did not attend her bi-weekly meetings with her psychiatrist, so that her file was closed in March;

3.6. the mother was arrested on March 12, 2017, while intoxicated after consuming alcohol and crack-cocaine, and was brought to the hospital and was later charged with breaching her probation; 3.7. the mother was arrested again on March 28, 2017, following a conflict with a friend and she was again in breach of her conditions as he (sic) had been drinking; 3.8. the mother was inconsistent with her visits until May, more particularly but not restrictively in that:

a) she missed several times for various reasons, such as not having money to pay the bus, or that she had been drinking;

b) the mother has been attending her visits more consistently since May, after the delegate addressed this with her; 3.9. the mother has no place of her own and no telephone, and it is extremely difficult to reach her rapidly, more particularly but not restrictively in that:

a) the mother has been living with various friends and she has given the delegate various friends’ phone numbers as contact information;

b) when the delegate leaves messages for the mother, it takes the mother a long time to return calls; 3.10. there are reasons to believe that the mother is spending most of her money on buying drugs and on repaying drug debts; 3.11. in April 2017, a man called Ms. B’s home asking questions about the mother’s finances and situation in a very intimidating manner, while alluding by name to the children in Ms. B’s care; 3.12. on June 14, 2017, the mother arrived at Ms. B’s home intoxicated, began yelling at Ms.

B, was rummaging through the home for money, and was threatening suicide; 3.13. the children were present during the June 14, 2017 incident; 3.14. the mother had behaved the same way earlier in June at her step-mother’s home; 3.15. Ms. B has moved to a new address a few days ago, and it is necessary that her address be kept confidential from the mother for the children’s protection (reproduced with errors and/or omissions). [ 5 ] In light of the foregoing, the Director recommends that the child remain entrusted to Ms.

B, with aid, counsel and assistance, as well as additional corrective measures, for a period of nine months. [ 6 ] The mother, though duly advised of the proceedings, failed to appear for the hearing without any explanation and the Court proceeded in her absence. [ 7 ] The child’s father is not declared on his birth certificate. [ 8 ] Me Ayoub, on behalf of the child, made no admissions but approved of the measures proposed by the Director of Youth Protection. [ 9 ] The Director filed Exhibits D-7 and D-8 as evidence: D-7: Court Report, prepared by [social worker 1], dated September 25, 2017; D-8: Police Report bearing event no. 08-170312-007. [ 10 ] In

summary, the evidence establishes the facts alleged in support of the application. [ 11 ] The child is thriving in his maternal aunt’s care while his mother continues to struggle with her mental health and substance abuse. [ 12 ] Although the child’s behavior was initially very worrisome, he appears to have improved considerably and will continue to be monitored closely: Ms. B reports that X is doing well. When the undersigned first became involved, there were concerns around X’s behavior; as he was exhibiting aggressive behaviors both towards himself and D, as well as sexualized behaviors.

It had been observed by Ms. B that X had been biting himself, and pulling his cheeks when he became angry to the point where he left bite marks and scratch marks on himself. On one occasion, X had been observed to bite the top of D’s head when he became angry with her, as well as was found holding her up against the wall. On another occasion, Mr. E witnessed X get on top of D and moved in a way that appeared as though he was humping her. Ms. B reported that she and Mr. E have consistently addressed these behaviors with X, and these behaviors have since subsided.

The undersigned had requested clinical support services to address X’s behaviors, however due to his young age, it was determined that it was more a question of behavioral management. Ms. B reported that X no longer exhibits these behaviors; she and Mr. E continue to monitor him. [2] [ 13 ] In addition, the child is attending daycare as well as dance classes to help with his coordination. [ 14 ] His pediatrician has also provided a referral for speech therapy and his aunt is committed to ensuring that he receives all the services that he needs.

[ 15 ] The mother is also strongly encouraged to seek treatment to be as present as possible for her children. [ 16 ] Under the circumstances, given the uncontradicted evidence, the Court is satisfied that the application is well-founded and that the recommendations are in the child's interest.

THEREFORE, THE COURT: [ 17 ] GRANTS the application; [ 18 ] DECLARES that the security and development of the child, X , remain in danger under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 19 ] ORDERS that the child remain entrusted to Ms. B; [ 20 ] TAKES JUDICIAL NOTICE that Ms. B is being evaluated to become a foster family and if recognized will be compensated accordingly; [ 21 ] ORDERS that the child’s school, daycare and Ms.

B’s home address all remain confidential with regard to the mother; [ 22 ] ORDERS that the frequency and modality of contacts between the child and his mother be determined by the Director of Youth Protection, including supervision if deemed necessary; [ 23 ] WITHDRAWS from the mother the exercise of certain attributes of parental authority and ORDERS that those attributes be exercised by Ms.

B, with regard to any school issues, extra-curricular activities, health care needs and travel authorisations required for the child; [ 24 ] ORDERS that the mother refrain from consuming alcohol and drugs in the child’s presence; [ 25 ] RECOMMENDS that the mother undergo random drug and alcohol testing at the request of the worker; [ 26 ] RECOMMENDS that the mother take the necessary steps to address her personal issues, namely her substance abuse or alcohol abuse and mental health; [ 27 ] ORDERS that the child receive all health care services required by his situation, more particularly that he receive speech therapy and any other services deemed necessary regarding his behavioral problems, if required; [ 28 ] AUTHORIZES the Director of Youth Protection A to share and obtain relevant information regarding the family; [ 29 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the child and his family; [ 30 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out; [ 31 ] ORDERS the execution of the present judgment by any peace officer, if deemed necessary; [ 32 ] THE WHOLE for a period of nine months.

TAYA DI PIETRO, Q.C.J. Me Heidi Lechter Attorney for the Director of Youth Protection Me Marie-Josée Ayoub Attorney for the child TD/vl