2020 QCCQ 12514, 2020 QCCQ 12514

Protection de la jeunesse — 207948 2020 QCCQ 12514 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division » N° : 652-41-000016-206 DATE : November 30, 2020 IN THE PRESENCE OF THE HONOURABLE LOUISE GALLANT, J.Q.C. [SOCIAL WORKER 1] Person authorized by the Director of Youth Protection Applicant and X Child and B Mother and C Father 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 Tribunal is seized of a request for protection in the situation in regard to the children X, Y and Z (3 ½ years old, triplets) , and A (4 ½ years old) . [ 2 ] Regarding the triplets, on December 12, 2019, the parties recognise that the security or the development of the children are in danger and they agree, among other things, that the children are maintained in their family environment and that the parents periodically report to the Director of Youth Protection .

They also agree that a person who works for an institution or organisation shall provide assistance, advice or assistance to the family, for a period of nine months and the parents ensure that the child will receive health services required by the children’s circumstances. [ 3 ] On the subject of A, on May 29, 2020, the youth protection receive a notice that the security and the development of the child must be in danger in regard to serious risk of neglect. [ 4 ] A and his mother were living at the grandmother’s house until a few months ago. [ 5 ] Since the birth of the triplets, A is often entrusted to his grandmother and the triplets are often entrusted to family members to help the mother with her parental responsibilities.

The triplets were born prematurely, and they had specific needs during the first months of their life. [ 6 ] For a year, Mrs. D is taking care of X almost every day. During the same period, Mrs. E is taking care of Y and Mrs. F is taking care of Z. [ 7 ] The parents are separated since spring 2019, and the father is now with a new girlfriend. He moved out of the community since February 2020. [ 8 ] The mother has drugs and alcohol addictions and she can’t take care of her children. She refuses or neglects to collaborate with the youth protection direction.

[ 9 ] Triplets develop normally or comparable to children of their age group. [ 10 ] Y is the only daughter of the siblings. When she is not with her mother, she spends most of the time with Ms. E, cousin of the maternal grandmother. The latter is very attached to her for having spent a lot of time with the child since birth. [ 11 ] X , for his part, lives with Ms. D who has looked after him almost from birth. He spent very little time with his parents. Ms. D is very protective of the child.

She does not leave him to his mother without checking on her condition. [ 12 ] As for Z, he is the one who spent the most time with his mother. A very significant link exists between them. When he is not with her, he is either with his maternal grandparents or with Mrs. G, a cousin of the father. They are very attached to the child. [ 13 ] A is a four-and-a-half-year-old boy whose vulnerability must be rated as extreme or comparable to that of children of his age group. In terms of his physical development, we note a good general condition. This child is supported by a protective social network.

His relatives watch over his life situation, family friends care about his condition and relatives provide concrete support to the family. [ 14 ] Since the mother remains close to the maternal grandparents, this is beneficial for the small family at this time. [ 15 ] As for the father, the latter does not see his children regularly and it is mainly the mother and the babysitters who provide supervision. [ 16 ] The Court concludes that the security and the development of the children are in danger because they have serious risk of neglect and they are neglected in terms of educational needs. [ 17 ] The request is in the interest of the child and should be granted.

FOR THESE REASONS, THE COURT: GRANTS the application; DECLARES that the security and the development of the child are in danger; ORDERS entrusting the child to Mrs. D for a period of ten months; ORDERS that a person working for an institution or an organisation provides aid, counselling and assistance to the child and the child’s family for the same period; ORDERS that the child receive all care and health services that he needs; ORDERS to the parents to take an active

part in the follow - up, especially to receive help in regard to their addiction; ORDERS the contact between the parents and the child be under the supervision of a person designed by the youth protection direction and that the frequency and modality agreed between the parties, for the appropriated period; ORDERS to the parents to be sober in the presence of the child; RETIRES parental authority from the parents and AUTORIZES the Director of Youth Protection or the person designed by him/her to consent to the health care and services needed, to the schooling and after - school activities, cultural and sports activities during the present order; ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order.

LOUISE GALLANT, J.C.Q. M e Lyne Monger Attorney for the Director of Youth Protection M e Chantal Gaudreau Attorney for the child

Date of hearing: November 30, 2020