2022 QCCQ 7564, 2022 QCCQ 7564

Protection de la jeunesse — 225545 2022 QCCQ 7564 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division »

No: 145-41-000747-227 DATE: September 28, 2022 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2017 Child and A 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 9.2, 9.3 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 are in danger, according to

section 38(b)1 o i, 38(b)1 o iii and 38(

c) of the Youth protection Act , notably because of a situation of neglect and psychological ill-treatment. Her sister is also aimed by the same type of proceeding. [ 2 ] At the hearing, only the mother is present. She agrees with the recommendations of the DYP. A lawyer represents the child’s interest and she expresses her consent to the measures proposed by the DYP. [ 3 ] Concerning the father, the DYP asks to be dispensed of the notification of the application to him, since he is nowhere to be found.

The DYP attempted to notify him the proceeding through a bailiff, unsuccessfully and hired a specialized firm to retrace him, without any results. The youth delegate was able to contact him to try to meet him, but he never came. A few letter were also sent, without any response from his part. Moreover, a warrant for his arrest has been issued. For these reasons and in the best interest of the child, the hearing will proceed and the Court will dispense the notification of the application to the father. CONTEXT [ 4 ] The DYP got involved in the family because of some concerns.

It seems that the children were subject to domestic violence and her mother and stepfather addictions issues. The mother often leaves them with family members without informing anyone regarding her whereabouts. [ 5 ] On June 6, 2022, an immediate protective measure is applied entrusting the child to a foster home, it was extended for another five days. [ 6 ] On June 15, 2022 provisional measures were ordered entrusting the child to a foster family, until the present hearing. ANALYSIS AND DECISION [ 7 ] The mother gave birth to the child when she was only 19 years old. At the time, the father was not too involved.

He was

inconsistent with visitations, gradually there were no more contacts with the child. The father is no longer involved in his daughter’s life. [ 8 ] The mother is in a relationship with Mr. C, who is abusive, verbally, psychologically as well as physically. Police intervention was frequent, during the past months, at their home regarding domestic violence. Fortunately, during these events the children are absent being with other members of the family.

Despite the extent of her partner’s abuses, the mother withdraws her accusations against him. [ 9 ] The mother admits to the youth delegate that she regularly uses drugs, in particular cocaine and crack, with her partner. She sometimes leaves the children for long periods with relatives. During these periods, she gives little news to her family or to DYP. [ 10 ] In the summer of 2020, she tries to change her life and moves to the United States to live with her grandmother. She is doing well and no longer consumes. However, she comes back in the area and quickly returns to her old ways.

She starts to consume again and entrusts her children to her family. [ 11 ] Although the mother receives services as well as support, the situation persists and she continues to neglect her children. Recently, the mother left them with an aunt for several days without giving any news. The absence of the mother is worrying to a point that a missing report is filed with the police. [ 12 ] Faced with this behaviour of the mother, the DYP intervenes and entrusts the children to their aunt C. From then on, the mother has a regular follow-up with the youth delegate. However, it only lasted two weeks.

Subsequently, several disturbing events occur in her life. She and her partner stole her mother’s car and again disappear for almost a month. This time, she notifies the DYP upon her return. [ 13 ] The mother wants to get involved in therapy but does not take the steps or does not show up for the meetings organized for her. Recently, she mobilized and met with an addiction worker to make the necessary arrangements for seek treatment. [ 14 ] Regarding the father, he does not collaborate with the DYP.

Many attempts were made to try to get him involved, without success. [ 15 ] The child is 5 years old and she is doing well. She is developing normally. She benefits from visits with her mother that she enjoys. [ 16 ] During this measure, the mother will have to put her life in order and prioritize her children, if she wishes to take them back. She must be able to provide her children with a stable, safe and violence-free environment.

The mother will also have to collaborate with the DYP. [ 17 ] As mentioned in the psychosocial report, the mother’s cycle of addiction and unhealthy relationships have hindered her ability to effectively parent her children. Her difficult past has also in impact on her present behaviour. Therefore, she will have to seriously get involved in a therapeutic process in order to progress in her life. [ 18 ] The evidence demonstrates that the security and development of the child are in danger. Considering the evidence adduced, the application is well founded.

Furthermore, the measures suggested by the DYP appear to be in her best interest. FOR THESE REASONS AND THOSE EXPRESSED VERBALLY AT THE HEARING, THE COURT: [ 19 ] DISPENSES the notification of the application for protection to the father; [ 20 ] GRANTS the application for protection; [ 21 ] DECLARES that the security and the development of X are in danger according to

section 38 of the Youth Protection Act; [ 22 ] ORDERS that the child be entrusted to her maternal grandmother, Ms.

D; [ 23 ] ORDERS that contact between the child and her parents be determined according to an agreement between the parties and AUTHORIZES the DYP to supervise them; [ 24 ] RECOMMENDS that the mother involve herself in counselling to address her personal difficulties, notably psychological services and an addiction follow-up, as long as deemed necessary by the professional involved; [ 25 ] ORDERS that the parents actively participate in the application of the measures ordered; [ 26 ] ORDERS that a person working for an organization or institution bring to the child as well as to her family, help, advice and support until March 31, 2023; [ 27 ] 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; [ 28 ] ORDERS that the parties concerned by this judgment comply with it.

__________________________________ CELESTINA ALMEIDA, J.C.Q. Me Mylène Pelletier-Rivet for the applicant Me Isabelle Gagnon for the child Ms. A the mother Mr. B the father (absent) Written judgment filed on September 30, 2022