2017 QCCQ 20170, 2017 QCCQ 20170

Protection de la jeunesse — 1710546 2017 QCCQ 20170 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-032288-177 Date: October 6, 2017 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2016 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT

Section 38 of the Youth Protection Act (L.R.Q., C. P-34.1 ) 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 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of October 6, 2017, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A filed a Motion to declare that the security or development of a child is in danger in the case of X , a one year-old child, based on a serious risk of neglect. [ 3 ] The Court was also presented with similar motions regarding the child’s siblings whose situations are addressed in separate judgments. [ 4 ] The facts alleged in support of the Motion to declare that the security or the development of a child is in danger dated December 14, 2016, are as follows: 3.1. on November 10, 2015, the Honourable Judge Taya Di Pietro declared that the child’s four (4) siblings security and development were deemed in danger on the grounds of 38b (1)iii and 38e (1) for Y, Z and B and for C on the grounds of 38b (2) and 39e (2) of the Youth Protection Act as it appears more fully from the judgment; 3.2. there is risk that the parents do not meet the child’s basic needs with respect to food, clothing, hygiene or lodging, taking into account their resources, more particularly but not restrictively in that:

a) the mother appears overwhelmed caring for four (4) children at home;

b) despite the aid of an educator and social worker, the mother has had difficulty in implementing routine, structure organization and ensuring stimulation;

c) concerns exist that the mother lacks the motivation and ability to put the proposed recommendations into practice;

d) the parents continue to experience tensions due their different parenting styles;

e) the home was observed to be cluttered and disorganized;

f) the parents have used in the past, inappropriate means of discipline on some of the child’s siblings;

g) given the child’s vulnerable age and the number of young siblings in the home, intervention by the Director is warranted to ensure that all of the child’s needs will be met (reproduced with errors and/or omissions). [ 5 ] In light of the foregoing, the Director recommends that the child remain entrusted to his parents, with aid, counsel and assistance, as well as additional corrective measures, for a period of six months. [ 6 ] The mother, assisted by Me Lefebvre, admitted the alleged facts and consented to the proposed measures. [ 7 ] The father, assisted by Me Cloutier, also admitted the alleged facts and consented to the proposed measures. [ 8 ] Me Benoit, on behalf of the child, made no admissions but approved of the measures proposed by the Director of Youth Protection. [ 9 ] The Director filed Exhibits D-1 to D-6 as evidence: D-1: Court Report, written by [Social Worker 1], dated December 5, 2016; D-2: Addendum, written by [Social Worker 1], dated March 31, 2017; D-3: Judgment from Justice Di Pietro rendered on November 10, 2015, in the file of the child’s siblings; D-4: Birth certificate; D-5: Addendum, written by [Social Worker 1], dated June 14, 2017; D-6: Addendum, written by [Social Worker 1], dated September 18, 2017. [ 10 ] In

summary, the allegations are not contested and the parents acknowledge the need for support services. [ 11 ] As described in the most recent Addendum to the Court Report , the situation has improved and the parents have shown an increased willingness to collaborate with the workers, with positive results: After the August 28 meeting, it is felt that there is a better understanding on the part of both parties and Ms. A is now open to working more willingly with Youth Protection, especially with the educator, Ms. [Social Worker 2].

On September 5, 2017, Ms. [Social Worker 2] was able to spend time with the family without issue and she was able to support Ms. A in asserting her parental authority […]. Ms. A was open and receptive to suggestions. Again, on September 11, 2017 Ms. [Social Worker 2] met with Ms. A in her home. All of her children and Mr. B were present as well. […]. Ms. A was very collaborative and forthcoming regarding some of her concerns and obstacles that she is facing. She was very open and collaborative and has agreed to continue working with Ms. [Social Worker 2] on a consistent basis.

As the family is working towards re-establishing their equilibrium, […], it is recommended that the Department of Youth Protection continues its involvement to help Ms. A to assert her parental authority […]. [2] [ 12 ] Under the circumstances, given the evidence and the consent expressed by each of the parties, the Court is satisfied that the motion is well-founded and that the recommendations are in the child's interest. THEREFORE, THE COURT: [ 13 ] GRANTS the motion; [ 14 ] DECLARES that the security and development of the child, X , are in danger under

section 38 (b) (2) the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 15 ] ORDERS that the child remain entrusted to the care of his parents; [ 16 ] RECOMMENDS that the parents take steps to address their personal issues and report their progress to the Director of Youth Protection; [ 17 ] ORDERS that the parents ensure that the child’s medical needs are met in a timely fashion; [ 18 ] AUTHORIZES the Director of Youth Protection to exchange information with the professionals involved with the child and the family; [ 19 ] ORDERS that the parents collaborate with the Director of Youth Protection and attend meetings as required; [ 20 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the child and his family; [ 21 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out;

[ 22 ] THE WHOLE for a period of six months. Signed on November 9, 2017 TAYA DI PIETRO, Q.C.J. Me Dominique Douglas Attorney for the Director of Youth Protection Me Christian Benoit Attorney for the child Me Josée Lefebvre Attorney for the mother Me Francis Cloutier Attorney for the father TD/vl