2021 QCCQ 3705, 2021 QCCQ 3705

Protection de la jeunesse — 211842 2021 QCCQ 3705 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000674-207 DATE: February 18, 2021 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2015 Child -and- A -and- B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 ] The director of youth protection (DYP) asks the Court to declare that the security and development of the child is in danger according to

section 38b)2 and 38c) of the youth protection Act , notably because of risk of neglect (mother’s substance abuse) and psychological ill-treatment (conflict of guardianship). [ 2 ] At the hearing, only the mother is present and assisted by her lawyer. The father is working and according to the youth delegate, the latter no longer disputes the recommendations sought by the DYP.

Counsel for the child also expresses her consent as well to the measures proposed by the DYP and the filing of the report to value the testimony of its authors. [ 3 ] The parents separated after ten years together, custody of the child is shared between them. However, the mother’s situation has deteriorated greatly over time. She is depressed, quits her job, and her drug use is increasing. Faced with these observations, the father expresses serious concerns, with good reason.

The child was staying at his father’s more due to the mother state and finally was living there full time. [ 4 ] At the beginning, the DYP gets involved with the family since the father refuses that the mother has access to their son. He asks that if visits take place, they should be supervised; she should be sober and go through a drug test first. [ 5 ] The mother has had difficulty to have contact with her son. She could talk with him on the phone a few times but only briefly. • Mother [ 6 ] The mother collaborated with the DYP, she is upfront and honest about the ongoing situation.

She was accepted into the treatment at [center A]. The father agreed at the first that the child go with her because she will be surrounded by professionals. However, she did not participate in the program because of health issues, and she was returned home. [ 7 ] The mother acknowledges that her addiction issues are not improving, but she wants to get better for her child. She was sober for seven (7) years before she relapsed. She is willing to collaborate with the DYP and other resources in order to put her life back together. She hopes that her child be returned to her, once she gets better.

In order to achieve her goal, she has to maintain her sobriety. [ 8 ] Due to the pandemic, contact between mother and child have been suspended. She benefits from virtual or telephone contacts. Following the lifting of health measures, the DYP wants to set up supervised visits between the mother and her son, which the father

refuses, and this, on several occasions for various pretexts. In doing so, telephone contacts continue. If unfortunately, the mother calls late, the father refuses the call. Finally, on September 29, 2020, a supervised visit is held. The child is very happy to see his mother. He hugs her tightly and tells her that he loves her. A strong and significant connection is observed between them. The visit has gone very well, and the mother is adequate with the child. [ 9 ] Since the last court appearance on December 9, 2020, supervised visits were scheduled between the mother and her son. The visitations are going well.

The mother shows up on time and sober. She is very appropriate with her son during the contacts. The child enjoys his mother’s presence. Since the situation is positive, the visits will increase. [ 10 ] Currently, the mother is unable to provide her son with a stable, secure and supportive environment, considering that she is struggling with her own personal problems notably her drug addiction. • Child [ 11 ] The child is 5 years old and attending kindergarten. He is described as an affectionate child, very smiling and happy. He adapts well to school, but has language difficulties.

He benefits from the services of a speech language pathologist, but these had to be interrupted due to the pandemic. [ 12 ] The child expresses being well with his father, but he misses his mother and wants to return living with her. • Father [ 13 ] It is laborious to work with the father, because he does not trust the youth delegates. He questions their claims and he constantly validates the information he obtains from other institutions or organizations. It is difficult to have his collaboration when establishing mother-child contacts.

He can call the youth delegates several times a day, but he is difficult to reach when there is a need to organize visits or to speak to him about something. He also tends to change his mind frequently. He accepts things but then retracts. [ 14 ] While the father works, it is his partner who takes care of the child. The father does not include the mother when making decisions about the child, regarding education and medical needs, nor informs her of these elements.

At some point, he mentions that his son does not need his mother, and he does not want her in the child’s life. [ 15 ] He is reluctant to maintain contact between mother and child. He is unable to work on that issue. However, he will have to be more open on this aspect, because the child needs his mother. In fact, the child makes it clear to the youth delegate, that he misses her. The father cannot ignore the child’s desire to have his mother in his life. He must overcome his bitterness towards the mother in order to prioritize the best interests of his son.

He must allow his right to love his mother freely, without constraint, when she shows stability and does not expose the child to her difficulties. [ 16 ] Overall, the environment of the father is very suitable for the child. He can provide a good structure to the child and meet his needs. He collaborates well with the medical professionals. [ 17 ] The evidence demonstrates that the security and development of the child are in danger. Under the circumstances and considering the evidence adduces, admission and consent from the mother as well as the child’s counsel; the application is well founded.

The suggested measures appear to be in her best interest.

FOR THESE REASONS AND THOSE EXPRESSED VERBALLY AT THE HEARING, THE COURT: [ 18 ] GRANTS the application for protection; [ 19 ] DECLARES that the security and development of X are considered to be in danger according to sections 38b)2 o and 38c) of the youth protection act ; [ 20 ] ORDERS that the child be entrusted to the father; [ 21 ] ORDERS that the parents report periodically to the DYP on the measures they apply in their own regard or in their child’s regard to put an end to the situation of endangerment; [ 22 ] ORDERS that the contacts between the child and the mother be determined according to an agreement between the parties, if there is no agreement , the contacts will take place two (2) times a week, for 2 hours at a designated location of the DYP and AUTHORIZES the DYP to supervise them; [ 23 ] ORDERS that the child receive specific health care and health services, especially speech therapy; [ 24 ] ORDERS that the mother be sober and do not use any alcohol or drugs in the presence of the child; [ 25 ] RECOMMENDS that the mother engage herself in psychological counselling in connection with her personal difficulties, including drug addiction follow-up; [ 26 ] RECOMMENDS that the father participates in parental classes specifically positive discipline; [ 27 ] RECOMMENDS that the parents submit themselves to a parental capacity assessment and a psychological assessment; [ 28 ] ORDERS that the parents actively participate in the application of the measures ordered; [ 29 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and his family until November 30, 2021;

[ 30 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment; [ 31 ] ORDERS that the parties concerned by this judgment comply with it. __________________________________ CELESTINA ALMEIDA, J.C.Q. Me Louyse A. Lemieux for the applicant Me Ann-Chloé Boudreau for the child Me Alexis Deschênes for the mother Mr. B the father (absent) Written judgment filed on February 19, 2021