2015 QCCQ 19534, 2015 QCCQ 19534

Protection de la jeunesse — 154745 2015 QCCQ 19534 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-0 29800-158 Date: July 6, 2015 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 2015 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of Youth and Family Centres A Applicant -and- A , the mother The parent 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 July 6, 2015, in accordance with the provisions of

section 90 of the Youth Protection Act [1] . [ 2 ] The Director of Youth Protection of Youth and Family Centres A filed a motion to declare that the security and development of a child is in danger in the case of X , a five week old child, a based on the serious risk of neglect to which she is exposed. [ 3 ] The facts alleged in support of the motion dated June 4, 2015 are as follows: 3.1. there is a serious risk that the mother will not meet the child’s basic needs with respect to food, clothing, hygiene or lodging, taking into account her resources, more particularly but not restrictively in that:

a) the mother has another child who was removed at birth from her care in 2010 due to her instability and substance abuse issues;

b) the mother continues to have chronic substance abuse and alcohol abuse issues;

c) the mother admits that she drank one (1) or two (2) bottles of wine in addition to beer everyday throughout her pregnancy with the child even after she found out that she was pregnant;

d) the mother did not receive any prenatal care for the child;

e) the mother admits that she consumed speed on three (3) occasions during her pregnancy with the child;

f) the mother never accepted to receive treatment for her alcohol and drug consumption issues for fear of going through withdrawal symptoms;

g) the mother is diagnosed with alcohol induced depressive disorder;

h) the child tested positive for amphetamine at birth;

i) the child was discharged from the hospital on June 3, 2015;

j) the mother requested that the child be placed at this point in time giving her situation and because she is in the process of deciding

if she will undergo treatment for her alcohol and drug issues;

k) the mother reports that she does not know who the father is;

l) on June 3, 2015, the child was placed in a foster home with the mother’s consent (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the child be entrusted to a foster care with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] The mother, though duly advised of the proceedings, failed to appear for the hearing without any explanation.

Consequently, the Court proceeded in her absence. [ 6 ] The child's father is not declared on the child's birth certificate. [ 7 ] Me Hamel, on behalf of the child, made no admissions but approved of the measures proposed by the Director of Youth Protection. [ 8 ] At the hearing, the Director filed Exhibits D-1 and D-2 as evidence: D-1: Court report, signed by [social worker 1], on June 26, 2015; D-2: Drug test results from the Special Care Nursery at St-Mary’s Hospital, dated May 30, 2015. [ 9 ] In addition, the child’s birth certificate [2] was forwarded after the hearing and received on September 21, 2015. [ 10 ] In

summary, the uncontradicted evidence establishes that the child’s security and development are compromised based on the serious risk of neglect to which she would be exposed in her mother’s care. [ 11 ] As indicated in the Court Report : Ms. A is currently not in a position to care for X because she cannot provide for her basic physical needs due to her transient lifestyle. It is also difficult to observe her capacity/ ability to connect and care for her, given she has not made any attempts to see X.

Therefore, she would need to demonstrate more responsibility in caring for herself and X while proving she could be organize and consistent in meetings/visits. There is no one at this point in the extended family that could care for X due to their own issues. Ms A has a longstanding history of alcohol and drug abuse that has been going on for almost 20 years. Substance abuse is chronic and cross-generational on Ms. A’s maternal side. At this point, Ms.

A does not yet know whether she is ready to commit in a program that would deal with these issues and feels she can manage on her own, which raises further questions about her judgment and her prognosis for change. Furthermore, Ms. A and her own mother Ms. B become intoxicated together. X is a vulnerable new born child who may require intensive follow-up due to the risk of developing Fetal Alcohol Spectrum Disorder (reproduced with errors and/or omissions). [ 12 ] The mother is strongly encouraged to take immediate action to redress the situation if she hopes to eventually be in a position to care for her child.

She must be aware that it is imperative that she make significant changes to provide the child with the safety and stability she needs as the child cannot be kept waiting indefinitely. [ 13 ] As provided at

article 91.1 of the Youth Protection Act : If the tribunal orders a foster care measure under subparagraph j of the first paragraph of

section 91, the total period of the foster care may not exceed (a) 12 months if the child is under two years of age on the date the order is made , (b) 18 months if the child is from two to five years of age on the date the order is made, or (c) 24 months if the child is six years of age or over on the date the order is made. When determining the duration of foster care, the tribunal must take into account the duration of any foster care measure applied to the same situation in an agreement on voluntary measures referred to in subparagraph j of the first paragraph of

section 54, as well as the duration of any prior foster care measure it ordered under the first paragraph. It may also take into account any prior period during which the child was placed or provided with foster care under this Act. If the security or development of the child is still in danger at the expiry of the periods specified in the first paragraph, the tribunal must make an order aimed at ensuring continuity of care, stable relationships and stable living conditions corresponding to the child's needs and age on a permanent basis .

However, the tribunal may disregard the periods specified in the first paragraph if it is expected that the child will be returned to his family in the short term, if the interest of the child requires it or for serious reasons, such as failure to provide the services agreed upon.

At any time during a period specified in the first paragraph, if the security or development of the child is still in danger, the tribunal may make an order aimed at ensuring continuity of care, stable relationships and stable living conditions corresponding to the child's needs and age on a permanent basis (emphasis added). [ 14 ] Under the circumstances, the Court is satisfied that the motion is well-founded and that the measures are in the child's interest.

THEREFORE, THE COURT: [ 15 ] GRANTS the motion; [ 16 ] DECLARES that the security and the development of the child, X , are compromised under

section 38 b) 2) of the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 17 ] ORDERS that the child be entrusted to foster care; [ 18 ] RECOMMENDS that the mother collaborate with the Director of Youth Protection, more particularly that she undergo a substance abuse assessment, follow the recommendations and submit to random drug testing at the request of the Director of Youth Protection, secure and maintain a stable residence, keeping the Director of Youth Protection informed of any change of address and follow a parenting course acceptable to the Director of Youth Protection; [ 19 ] ORDERS that the frequency and modality of contacts between the child and her mother be determined by the Director of Youth Protection; [ 20 ] WITHDRAWS certain attributes of parental authority from the mother and AUTHORIZES the Director of Youth Protection to exercise those attributes for the purpose of signing any necessary consents for the child; [ 21 ] ORDERS that the mother be informed; [ 22 ] ORDERS that the child benefit from any health care services that she may require, more particularly given the mother’s substance abuse during the pregnancy to address any difficulties, delays or symptoms associated with FAS; [ 23 ] ORDERS that a person working for Youth and Family Centres A provide aid, counsel and assistance to the child and her family; [ 24 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of Youth and Family Centres A, who shall then see that the measures are carried out; [ 25 ] AUTHORIZES the execution of the present order by any peace officer, if necessary; [ 26 ] THE WHOLE for a period of one year.

TAYA DI PIETRO, Q.C.J. Me Nadia Sabik Attorney for the Director of Youth Protection Me Robert Hamel Attorney for the child TD/vl