2013 QCCQ 14529, 2013 QCCQ 14529

Protection de la jeunesse — 135152 2013 QCCQ 14529 COURT OF QUEBEC Canada PROVINCE OF QUEBEC DISTRICT [...] LOCALITY […] Youth Court Division No: 760-41-004506-138 DATE: October 8, 2013 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BEATRICE CLEMENT, J.C.Q. ______________________________________________________________________ X Born : […] 2013 Child DIRECTOR OF YOUTH PROTECTION OF CENTRE DE JEUNESSE A Petitioner -and- A -and- B JC0B11 Parents ______________________________________________________________________ RECTIFIED JUDGMENT ______________________________________________________________________ CAUTION : The Youth Protection Act provides that within the framework of this Act, no person may publish or broadcast information allowing a child or the child's parents to be identified.

Whomsoever contravenes this

article is guilty of an offence and is liable to a fine [articles 11.2.1 and 135 Y.P.A.]. [ 1 ] The Director of Youth Protection presents a motion for protection concerning the child X, born […].

[ 2 ] The petitioner alleges that the security and the development of the child are in danger in reason of a serious risk of neglect in relation to her parents' personal difficulties (drug consumption, mental health issues). As well as recommending various protective measures for one year, the Director proposes the entrustment of the child to her maternal grandparents for the next six months. [ 3 ] The parties consign their admissions in the Court record and agree to the conclusions. [ 4 ] ANALYSIS AND DECISION [ 5 ] The Director of Youth Protection initially evaluates the situation of the child in May 2013.

The child resides with her parents. The intervention follows an incident wherein the father contacts the police requesting assistance in locating the mother, as she is absent with the child and not taking the medication prescribed for her mental health problems. [ 6 ] The mother is found with her child in the early hours of the morning, at a pharmacy. She is emotional and her speech is confused and incoherent. A social worker intervenes and observes that the mother is inadequate as to her baby, seeming unaware or unconcerned of her presence.

When comes time to put the child in her car seat, the mother searches for her daughter, although she is in her arms. [ 7 ] At the time, the mother denies being under the influence of drugs, while admitting having a history of consuming speed, cocaine and crack. She explains having had an argument with the father and deciding to sleep at a motel. Although she stops at a pharmacy for supplies for her daughter, the evidence demonstrates that she stays for more than an hour. [ 8 ] The Director applies emergency measures and entrusts the child to her maternal grandparents.

In this milieu, the child evolves positively in a secure and stable environment. [ 9 ] The mother struggles with ongoing mental health issues. She is diagnosed with major depression and traits of borderline personality disorder. She is subject to panic attacks that leave her overwhelmed and affect her ability to make coherent decisions. Although her prescribed medication generally permits her to function adequately, the mother regularly interrupts taking them, resulting in episodes of anxiety, insomnia and confusion. [ 10 ] Both parents present histories of substance abuse and struggle with their sobriety.

They attend Alcoholics Anonymous and Cocaine Anonymous meetings, as well as receive counselling services in this regard. [ 11 ] Numerous separations and relapses challenge the conjugal relationship, leaving it precarious. The birth of their daughter adds further elements of tension to the couple and their functioning. [ 12 ] The parents collaborate with the intervention and have a supportive family network. They recognize their difficulties and take steps to address them. The mother recently begins a follow-up at the hospital A. On June 13 th , the father admits a relapse as to his alcohol consumption.

He decides to check-in to an inpatient rehabilitation center. [ 13 ] The parents admit that their ongoing difficulties create a serious risk for their child and that it is in her best interests to remain in an alternate environment for the time being, permitting them to continue the steps towards stabilizing their personal and joint difficulties. [ 14 ] After having taken in consideration the documentary evidence as well as the parties admissions, the Court determines that the security and the development of the child are in danger in reason of a serious risk of neglect. [ 15 ] The aim of the intervention is the return of the child with her parents.

To achieve this goal, the primary objective is to ensure that she no longer be at serious risk of neglect due to the parents' consumption or the mother's mental health issues.

To date, both parents offer tangible efforts to this end, but their history justifies that the placement continue, to ensure maintenance and consolidation. [ 16 ] As well as receiving the approval of the parties, the Court estimates that the recommendations respect the rights and the best interests, of the child. [ 17 ] FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the motion for protection; [ 19 ] DECLARES that the security and development of the child are in danger in relation to a serious risk of neglect; [ 20 ] ENTRUSTS the child to her maternal grandparents, C and D A for 6 months; [ 21 ] ORDERS that the contacts between the child and her parents be upon agreement between the parties; [ 22 ] TAKES ACT , that at the present time, the father's access is scheduled from Thursday at 4 pm until Sunday at 7 pm, on weekly basis; [ 23 ] ORDERS that the parents undertake an active

part in the application of the measures designed to put an end to the situation in which the security or development of the child is in danger; [ 24 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the child and her parents for 1 year; [ 25 ] ENTRUSTS the child to the Director of Youth Protection of centre jeunesse A for the execution of the measures.

__________________________________ BEATRICE CLEMENT, J.C.Q. Me Marie La Roche Attorney for the petitioner Me Jacqueline Anciaes Attorney for the father Me Karine Poissant Attorney for the child Date of hearing: August 8, 2013