2013 QCCQ 8176, 2013 QCCQ 8176

Protection de la jeunesse — 131620 2013 QCCQ 8176 JT1052 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 550-41-000505-105 DATE: April 23 rd , 2013 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE LOUISE TURPIN, J.C.Q. ______________________________________________________________________ In the case of : X Born […], 2008 ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Court is seized of a petition under

section 95 of the Youth Protection Act. [ 2 ] At the beginning of the hearing, the attorney for the Director of the Youth Protection stated that this petition is based on the following motives: - The mother has ceased her follow-ups regarding her mental health situation and is no longer receiving services in order to stabilise her mental health; - The father did not complete his therapy regarding his anger management and is not receiving any services in regards to his aspect; - The situation remains very fragile and the Director's of Youth Protection involvement remains necessary to ensure a safe and stable environment for the child; [ 3 ] Youth Director is of the view that the pursuit of the social follow-up is warranted in reason of the serious and chronic parent's history with drugs, alcohol and violent behaviour. [ 4 ] Both parents disagree with this assessment and as a matter of fact they fell that they have complied with all of the conditions set in the last order and do not agree with the prolongation of the measures. [ 5 ] Simply put, Ms.

B says that "I don’t need their services, my drinking and drug issues are resolved, I have my son under control and I'd like to have my life back" . [ 6 ] A family synopsis is appropriate to understand Ms. [Social Worker 1] position in this matter. [ 7 ] Both parents have received services from the DYP as teenagers. Youth Protection is involved with Ms B oldest daughter, who after a year in foster care moved back home in August 2011 and with her 9 years old brother Devon who lives with a foster family since last year. [ 8 ] Mr.

C has 2 children, Y (12 years old) who lives with her mother who has complete custody and Mr. C has no access rights and A who is 10 years old and lives in foster care due to behavioural problems. [ 9 ] Mr. C and Ms. B have another child Z , who was removed from their custody at birth due to the fact that he had cocaine in his system at birth. He has since been adopted. [ 10 ] X has a positive relationship with his parents, he has well bonded with is parents his mother understands the importance of having a routine, and a good structure however due to her anxiety, when her

schedule is disrupted she becomes irritable and it's hard for her to deal with last minute changes. [ 11 ] Both parents are overwhelmed when they have all their children at home at the same time. Ms. B tries to organize the visits as best has she can but when A comes on weekends her task is harder, she has difficulty to controlling him and very often he sent back in

foster care before the end of his visit. [ 12 ] As for alcohol consumption, both parents state that they have reduced their intake and they now consume moderately, but sill have behaviour problems and particular needs. [ 13 ] On page 4 of her report, the social worker gives her account on this issue: «Ms. B has a mental health disorder. Ms. B 's mental health condition played a significant role in her parenting skills. She can be quite impulsive and become verbally abusive easily. She changes her mind often.

Both parents have been cooperative with DYP services since the beginning of Application of Measures but they don't always follow through the recommendations. In July 2011, Ms. B started a follow-up with a psychologist at the CSSS A to address her mental health issues (impulsiveness, instability, cognitive distortions, mood changes, social anxiety, obsessions about cleanliness, etc.). She decided to put her therapy on hold in October 2011 and did not go back since. In October 2011 she was diagnosed with bipolar affective disorder by a psychiatrist at CHPJ.

She was prescribed Seroquel for her anxiety and Sertraline. In September 2012, the mother decided, on her own, to reduce her medication. We believe that it is important that the mother has to follow the doctor's recommendations. Mr. C is not motivated to complete his therapy at Donne-toi une chance. He told us that he does not think that he is a violent person and thinks that he does not need the follow-up. However, he would like to complete his therapy through another resource.» [ 14 ] For the social worker, Ms. B 's mental issue plays a role in her conflictual approach to others.

She is impulsive and can become verbally abusive. [ 15 ] In these circumstances, Ms. [social worker 1] says in report that "It is reasonable to assume that a child growing up in this home would have to develop defence mechanism in order to be able to cope with her mood swings" . [ 16 ] The social worker is seeking a prolongation to assure that the positive charges she observed in the past year are maintained.

Believes that the situation is fragile and needs ongoing support and monitoring in order to ensure that the family's environment is safe and nurturing for such a young and vulnerable child. [ 17 ] Ms. [social worker 1] 's assessment is a fair and solid and is in this young child's best interest.

THEREFORE THE COURT : GRANTS the petition; DECLARES that the security and the development of the child is still compromise; EXTENDS the decision rendered on November 15 th , 2011; ORDERS that the child, X , remains in the care of his parents; ORDERS that the parents periodically report to the Director of Youth Protection with regards to the evolution of their situation and the steps taken in order to put an end to the situation compromising the security and/or development of their child; ORDES that the child not be exposed to any situations of spousal abuse or drugs/alcohol use; ORDERS that Mr.

C attends and completes with success an anger management therapy and applies their recommendations; ORDERS that Ms.

B continues to attend services for her mental health (counselling from either a psychologist or psychiatrist) and follows the recommendations of the professionals involved; ORDRES that the parents receive services from an appropriate drug and alcohol service provider and follow their recommendations; ORDERS that the parents participate actively in the elaboration and the application of the intervention plan; ORDERS that a person authorised by the Director of Youth Protection provides aid, counsel and assistance to the child and his family for a period of nine months; ENTRUSTS the situation of the child to the Director of Youth Protection who shall then see that the measures are carried out. __________________________________ LOUISE TURPIN, J.C.Q.

M e Sandra Couture Attorney of the D.Y.P. M e Lizette Gauvreau Attorney of the child Date of hearing: January 30 th , 2013

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