2015 QCCQ 19700, 2015 QCCQ 19700

Protection de la jeunesse — 157063 JL 4031 COURT OF QUÉBEC 2015 QCCQ 19700 YOUTH DIVISION CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] No: 525-41-030260-152 525-41-030261-150 DATE : November 18, 2015 ______________________________________________________________________ IN THE PRESENCE OF : Mr.

JUSTICE CLAUDE LAMOUREUX, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Director and X born on [...], 2011 Y born on [...], 2013 children and A B parents ______________________________________________________________________ J U D G M E N T (SECTION 95 OF THE YOUTH PROTECTION ACT ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcasting of any information that may lead to the identification of a child or his parents.

Any person who contravenes this provision commits an offence and is liable to fine. [ Y.P.A. sections 11.2.1 and 135 ] [ 1 ] The Court is seized of a Motion filed pursuant to

Section 95 of the Youth Protection Act, by a person duly mandated by the Director of Youth Protection A (" the Director" ), to review and extend an order rendered by the Honorable Éric Hamel entrusting the children to the mother with other corrective measures for a period of six (6) months; [ 2 ] The Director alleges the following: FOR X : 3.1. the father’s whereabouts are not known and he has not contacted the youth protection worker; 3.2. the child was in contact with his father once in May 2015 when the father passed in front of the mother’s domicile while the child was outside; 3.3. they spoke for a few minutes and the father left when he saw that the mother had seen him;

3.4. the child was affected by this unplanned visit, especially as he had not seen his father in almost six (6) months; 3.5. the mother suffers from severe anxiety which is currently untreated; 3.6. the mother has taken steps to put her name on a waiting list to receive services from the West Island Women’s Shelter to address issues stemming from being a victim of conjugal violence; 3.7. the mother acknowledged having difficulty to address the child’s behavioural and emotional needs; 3.8. the mother acknowledged having difficulty providing routine and discipline on an ongoing basis; 3.9. the mother acknowledged having consumed speed and marijuana and to have tried cocaine a few times in the past; 3.10. the mother reported that she last consumed speed in May 2015, but ensured that the child was cared for by someone else during that time; 3.11. since then, she stated that she has used marijuana very minimally and that she no longer wants to consume as it increases her anxiety; 3.12. the child would benefit from being integrated in a daycare; 3.13. the Director of Youth Protection needs to remain involved to ensure the mother will follow through with her plans and maintain her gains; FOR Y: 3.1. the father’s whereabouts are not known and he has not contacted the youth protection worker; 3.2. the mother suffers from severe anxiety which is currently untreated; 3.3. the mother has taken steps to put her name on a waiting list to receive services from the West Island Women’s Shelter to address issues stemming from being a victim of conjugal violence; 3.4. the mother acknowledged having difficulty to address the child’s behavioural and emotional needs; 3.5. the mother acknowledged having difficulty providing routine and discipline on an ongoing basis; 3.6. the mother acknowledged having consumed speed and marijuana and to have tried cocaine a few times in the past; 3.7. the mother reported that she last consumed speed in May 2015, but ensured that the child was cared for by someone else during that time; 3.8. since then, she stated that she has used marijuana very minimally and that she no longer wants to consume as it increases her anxiety; 3.9. the child would benefit from being integrated in a daycare; 3.10. the Director of Youth Protection needs to remain involved to ensure the mother will follow through with her plans and maintain her gains; [ 3 ] The Director recommends that the children be maintained with their mother at the exclusion of the father with other corrective measures, the whole for a period of nine (9) months; [ 4 ] The mother is present, assisted by a lawyer.

The child is represented by a court-appointed attorney. The father is absent and his whereabouts are unknown. The Court proceeds in his absence. [ 5 ] The mother generally admits the allegations of the motion and more importantly, that she continues to need support. She is in agreement with the recommendations put forward by the Director. [ 6 ] The facts establish that, as alleged, the children have remained in the care of the mother. The father has essentially remained out of the picture and has had only one contact with X as he passed-by the family home.

The father has had no other dealings with the children, the mother or the Director and, as mentioned earlier, his whereabouts remain unknown. [ 7 ] The mother has generally collaborated with the Director in the children’s best interest. However, she continues to struggle with personal issues, more particularly in relation to past conjugal violence, anxiety and some substance abuse. She has recently stopped using drugs and contacted “Fosters” for help around this matter.

She also started taking steps to receive services for her personal issues. [ 8 ] The mother struggles in ensuring the needs of two young children on her own. She needs help in establishing clear structure, rules and consequences. She has accepted the services of an educator for these purposes. She has also put the children on a waiting list for them to attend daycare. [ 9 ] There are concerns that X is presenting developmental delays and he is to be further assessed in the near future.

[ 10 ] Thus, the situation remains fragile but the mother is forthcoming and motivated to receive services. [ 11 ] AS A RESULT AND FOR THESE REASONS, THE COURT: [ 12 ] GRANTS the Motion for Revision and Extension ; and [ 13 ] DECLARES that the security or development of the children is still compromised; [ 14 ] AND PURSUANT TO THE POWERS GRANTED UNDER

SECTION 91 AND 91.1 OF THE YOUTH PROTECTION ACT , THE COURT ORDERS THE FOLLOWING MEASURES: [ 15 ] ORDERS that the children remain in the care of their mother at the exclusion of the father; [ 16 ] ORDERS that the frequency and modality of contact between the children and their father be determined by the Director of Youth Protection; [ 17 ] ORDERS that the mother ensure that all of the children’s medical/psychological needs are met in a timely manner; [ 18 ] ORDERS that the mother collaborate with the service providers involved with the family and follow through with their recommendations; [ 19 ] ORDERS that the mother undergo random drug testing at the request of the worker; [ 20 ] STRONGLY RECOMMENDS that the mother undergo a substance abuse assessment and follow through with the recommendations being made; [ 21 ] STRONGLY RECOMMENDS that the mother engage in therapy to address her issues; [ 22 ] ORDERS that the Director of Youth Protection be authorized to share/obtain information from professionals involved with the family; [ 23 ] ORDERS that the children attend daycare on a regular basis when a spot becomes available; [ 24 ] ORDERS a person working for Centre A to provide aid, counsel and assistance to the children and their family; [ 25 ] THE WHOLE FOR A PERIOD OF NINE

(9) MONTHS; [ 26 ] ENTRUSTS the situation of the children to the Director of Youth ProtectionA for the purposes of the execution of this judgment; [ 27 ] ORDERS the execution of this judgement by any peace officer, if necessary; [ 28 ] ALL OF THESE ORDERS will apply for a period of nine (9) months; _______________________________________ CLAUDE LAMOUREUX, J.C.Q. Me Nadia Sabik Attorney for the Director Me Sylvie Piriou Attorney for the children Me Jean-Hervé Thomas Attorney for the mother Date of hearing: CL/nl November 18, 2015