2013 QCCQ 17533, 2013 QCCQ 17533

Protection de la jeunesse — 136053 2013 QCCQ 17533 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division DATE: November 4, 2013 ______________________________________________________________________ PRESENT: THE HONOURABLE CLAUDE BIGUÉ J.C.Q. ______________________________________________________________________ IN THE MATTER OF: No. 640-41-001646-139 X , born on [...] , 2009 ______________________________________________________________________ A AND B Parents and [SOCIAL WORKER 1] Petitioner ______________________________________________________________________ JUDGMENT (section 38, Youth Protection Act ) ______________________________________________________________________ [ 1 ] This is an application for a placement until majority concerning X, 4½ years old.

ISSUES RAISED [ 2 ] All the allegations are admitted by the parties, and the proposed measures agreed to. The father decided not to attend the hearing. [ 3 ] THE FACTS [ 4 ] The mother, B, is 37 years old. She has twelve children. She had nine of them with C, whose ages are between 6 and 19. She also had three children with A, including X; the others are Y, 3 years old, and Z, one year old; the latter are both presently under foster care. The mother is pregnant with her thirteenth child. [ 5 ] The Director of Youth Protection has been involved with the mother and her family for the past fifteen years.

In the case of X, he was placed in a foster home when he was only five months old, because his mother was unable to care for him. [ 6 ] The parents have not been regularly involved in the life of the child, who has lived in foster homes for most of his life. [ 7 ] Both parents have had problems with alcohol abuse for years. [ 8 ] On April 16, 2013, the mother was evicted from her house in City A by the Band Council, for the following reasons: leaving children unattended, using the place as a party house and neglecting to clean the premises.

Consequently, the parents recently moved from City A to City B. [ 9 ] The relationship between the parents has been very unstable and conflictual for the past five years, in other words, since its beginning. [ 10 ] The mother has left X and her other children without proper supervision on numerous occasions, most of the time to consume alcohol until she is intoxicated; at one point, she even abandoned X, when he was 14 months old, and she did the same with Z last March 14, when she was with him at a hospital. [ 11 ] The mother has neglected her children, who have often lived in a very unhealthy environment and a dirty house. [ 12 ] The mother had the role of being the main caregiver for her children, but she has not been able to give proper care to X and his siblings, with respect to providing enough food, good hygiene, safety and integrity. [ 13 ] The mother has tried on many occasions to take the child back with her, but has always returned him to the foster family.

The father did not help or replace the mother. [ 14 ] Since May 16, 2010, the child has been living with the same foster family.

[ 15 ] The parents’ cooperation with the Director of Youth Protection is very irregular. ANALYSIS [ 16 ] X’s situation has been protected by decisions of the Court or voluntary measures since the summer of 2009. [ 17 ] The Director of Youth Protection has given the mother numerous chances to correct the situation. In fact, the mother’s situation has never changed over the years: the problems have always been the same, first when she was with Mr. C, and now that she is in a relationship with Mr. A. [ 18 ] X’s situation, in fact, has not changed since he was born.

Being presently 4½ years old, he has lived with his current foster family for more than three years. [ 19 ] The Director has given the parents many chances to change, with no result. [ 20 ] X has created strong bonds with his foster parents, D and E. [ 21 ] Both of them testified: they are willing and ready to care for X until his age of majority. The child is doing well with them. [ 22 ] The Court will order a placement until majority, which will meet an objective of

section 91.1 of the Youth Protection Act providing that the decision of the Court must aim at ensuring continuity of care, stable relationships and stable living conditions corresponding to the child’s needs and age, on a permanent basis. [ 23 ] On the same day as the present decision, the Court also ordered a placement until majority for X’s brother, F, 6 years old, born of the mother’s relationship with her first spouse. [ 24 ] The father has expressed to the worker that he hopes to take X back with him eventually. The father was informed of his right to a revision under

section 95 of the Act, if he can demonstrate a significant change in the situation. However, the father has a tremendous amount of work to do on himself, including improving his parental capacity. It is up to him to take the initiative. [ 25 ] The mother was also informed of her right to ask for a revision, if the circumstances allow.

In the meantime, she will have supervised contact, also available to the father. [ 26 ] If the mother decides to undertake treatment, she should take steps to complete it, and not drop out before the end. [ 27 ] Contact between the siblings will be recommended, as long as it is beneficial for the child.

Contact will have to be supervised by the Director, in order to avoid situations such as that where one of the older siblings assaulted a younger one. [ 28 ] FOR THESE REASONS, THE COURT: [ 29 ] GRANTS the motion. [ 30 ] DECLARES that the security and development of the child X are endangered in regards to sections 38( b )(1)(i), 38( b )(1)(iii), 38( b )(2) and 38(

c) of the Act. [ 31 ] ORDERS that X be placed in a foster home until he reaches the age of majority. [ 32 ] DECLARES that the foster family will be that of D and E. [ 33 ] ORDERS that all parental access to the child be supervised by the Director as to the terms and frequency. [ 34 ] ORDERS the parents to be sober when in the presence of the child, and ORDERS the parents to refrain from any aggressive behaviour when in the presence of the child. [ 35 ] RECOMMENDS that the mother undergo a psychological assessment and a follow-up, as recommended by the professionals. [ 36 ] ORDERS that both parents seek help for their alcohol abuse issues and, in the case of the father, for anger management. [ 37 ] ORDERS that a person working for an institution or body provide, aid, counselling and assistance to the child and his family until he reaches the age of majority. [ 38 ] RECOMMENDS contact between the child and his siblings, as long as it is in the best interest of the child, and ORDERS that all contact between the siblings and the child be supervised by the Director. [ 39 ] ORDERS that the police cooperate in the execution of this judgment. [ 40 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the application of the measures ordered. __________________________________ CLAUDE BIGUÉ J.C.Q.

Mtre. Gabriel Gaudreault

For the D.Y.P. Mtre. Clara Lafrance Egervari For the child Mtre. Ratha Heang For the mother A , absent and not represented Date of hearing: September 26, 2013