2020 QCCQ 9883, 2020 QCCQ 9883

Protection de la jeunesse — 201464 2020 QCCQ 9883 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000516-197 DATE: January 8, 2020 ______________________________________________________________________ PRESIDING : THE HONOURABLE LUCIE GODIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A, working [...] Applicant and X, born on [...], 2019 Child and A Mother and B Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR PROTECTION (

section 38 , Youth Protection Act , CQLR, c. P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified.

Every person who contravenes this provision commits an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection (the Director) submitted an application to the Court to have the security and development of the child declared to be in danger because it was alleged that the parents are not assuming the child’s needs on physical or mental health and not allowing the child to receive such care and that the parents failed to provide child with appropriate supervision or support under

section 38 b) 1° ii) and iii) of the Youth Protection Act . [ 2 ] The Director alleged a long series of facts. This judgment refers to those facts. [ 3 ] The Director recommends that the Court entrust the child in foster care for a period of six months as of today and that it orders several assistance measures, including a follow-up by Social Services for a period of one year. [ 4 ] The mother admits all the facts alleged in the application. She acknowledges that the security and the development of the child are in danger for the reasons alleged.

She is in agreement with the recommendations. [ 5 ] The father is detained. He admits the facts alleged in the application and underlines the fact that he is presently detained. [ 6 ] The evidence reveals the following facts. [ 7 ] When the Director was first alerted of the situation, the child was two months old. [ 8 ] He is now five months old. [ 9 ] On October 25, 2019, the mother was found intoxicated at home. The child and his sibling were at home with her. [ 10 ] The mother’s nose was bleeding: She was hit on the nose.

The father had run away from the house before the arrival of the police. [ 11 ] The parents have a history of physical violence between them. [ 12 ] The child is highly vulnerable and totally dependent for all of his needs namely he missed his vaccinations, the parents didn’t go to the clinic.

[ 13 ] The mother acknowledges that the security and the development of the child are compromised because of her alcohol consumption. [ 14 ] The father also has a history of alcohol and drugs issues. [ 15 ] When they are together, the parents have a violent relationship if they are intoxicated. [ 16 ] The father is detained, he has not been involved with the child. [ 17 ] It part of this family’s history that the parents expose their children to adults who are intoxicated and violent. The children witness and live in this environment. [ 18 ] The mother is open to receive treatment. [ 19 ] Dr.

Evan Snow, family doctor, in a letter dated December 4, 2019, confirms that he has seen the mother twice since November. [ 20 ] The mother has told him that she is motivated to seek treatment for her personal issues (exhibit M-2). [ 21 ] [Social Worker 2], Social Aide Technician, [Resource A], in a letter dated January 7, 2020, confirms that the mother has been a participant at the [Resource A]. She also confirms that she has been abstaining from the use of alcohol and drugs since she was admitted to their facility.

The mother has developed a plan to address the areas in her life where she feels that she needs attention, treatment and support (exhibit M-1). [ 22 ] The child requires a caregiver who he can consistently depend on to meet his needs. The parents are not in a position to assume care of the child. The Director must remain involved. [ 23 ] Given the age of the child, his needs, the agreement of the mother and father, the Court concludes that all the recommendations are in the best interest of the child.

FOR THESE REASONS, THE COURT: [ 24 ] GRANTS the application; [ 25 ] DECLARES that the security and the development of X are still in danger; [ 26 ] ORDERS that the child, X, be entrusted to a foster home for a maximum period of six (6) months; [ 27 ] ORDERS that the frequency and the modalities of the contacts between the parents and the child be agreed upon between the parties; [ 28 ] ENCOURAGES the contacts between the mother and her child and between the child and his sibling, as often as possible; [ 29 ] ORDERS that the parents actively participate and complete a program for substance abuse and that, upon completion, they engage in a relapse prevention program with a [Program A] Worker; [ 30 ] ORDERS the parents to ensure that the child not be exposed to people under the influence of drugs or alcohol; [ 31 ] ORDERS that the parents stabilize their living situation; [ 32 ] ORDERS the father to attend an anger management treatment program; [ 33 ] ORDERS that a person working for an institution or a body provide aid, counselling and assistance to the child and the family for a period of one (1) year; [ 34 ] ORDERS the police to collaborate with the execution of the judgment rendered; [ 35 ] ENTRUSTS the situation of X to the Director of Youth Protection A who shall then see that the measures are carried out.

Signed in _________ on January ___ 2020 __________________________________ LUCIE GODIN, J.C.Q. Mtre. Adelia Ferreira [...]Health and Social Services Counsel for the applicant Mtre. Antoine Meunier

Centre communautaire juridique A Counsel for the child Mtre. Michel Grenier Counsel for the mother Mtre. Marie-Josée Ayoub Ayoub Avocats inc. Counsel for the father Date of hearing: January 8, 2020