2021 QCCQ 7481, 2021 QCCQ 7481

Protection de la jeunesse — 214306 2021 QCCQ 7481 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] « Youth Division»

N° : 505-41-010113-209 DATE : May 17, 2021 ______________________________________________________________________ PRESIDED BY THE HONOURABLE MÉLANIE ROY ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection worker duly authorized by the Director of Youth Protection of the Centre intégré de santé et de services sociaux A Applicant -and- X , born on [...], 2020 Child -and- A Mother -and- B Father ______________________________________________________________________ JUDGMEN T Section 95(1) of the Youth Protection Act ______________________________________________________________________ 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 child is 10 months old.

He is entrusted to his mother only on condition that she resides at [Resource A], a resource for young mothers and their babies according to the last court order rendered on December 16, 2020. [ 2 ] The father was finally added to the declaration of birth of the child. [ 3 ] The Director of Youth Protection (the Director) petitions the Court with an application for revision of its last decision. [ 4 ] She alleges essentially that the mother does not comply with the rules and objectives of the program of [Resource A] and recommend essentially that the child be entrusted to a foster care family. [ 5 ] The parties are in agreement with the recommendations. [ 6 ] The proof reveals that following the last court order, the mother continued to reside at [Resource A] with her young baby.

She was admitted on November 19, 2020, and due to CIVID restrictions, the child integrated gradually until his full admission on December 16. [ 7 ] During the integration/assessment period, the staff observed that the mother seemed to be bonding with her son. She was learning his cues and was able to tend to his needs with support. However, there were also several areas of concern.

Among them was the mother’s negative attitude towards staff when given directives and some elements of neglect concerning the child’s safety and care. [ 8 ] The mother was spoken to by the staff on several occasions and each time she committed to making changes. Unfortunately, she did not, and the concerning behaviours did not only continue but also escalated. [ 9 ] On January 2, 2021, the mother was requested to leave [Resource A] as they could no longer guarantee the child’s safety. [ 10 ] The child was entrusted to the same foster care family he was previously under provisional measures.

The mother was returned to

a rehabilitation centre in conformity with her own youth protection court order. [ 11 ] Since then, the child is doing well in his foster-care family. [ 12 ] The supervised visits between the child and his parents take place at the [Center A] in City A. They are quite regular, but the parents have missed some meetings. The father because he cancelled for several reasons including not being emotionally well, being tired, and being either hung over and/or high. The mother mainly because of her behavioural problems. [ 13 ] The mother‘s visits go well for the most part. She shows her baby a lot of affection and love.

However, she can be easily distracted and can lose focus of her baby at times if her attention turns to her phone and social media. [ 14 ] The visits with the father are going well. Even though he is nervous, he is cautious and asks for guidance. He is attentive to the child the entire time. [ 15 ] The parents still have restrictions of contacts as ordered by this Court. The social workers receive several reports that they are not respecting this order including the fact that the maternal grandparent where the mother stays on weekends welcome the father into their house. [ 16 ] The father has found a job.

He is thinking about entering a drug and alcohol rehabilitation centre. He still has to deal with criminal justice. [ 17 ] Neither parent is in a position to have the child in their care.

Their personal difficulties are very severe, and the child would be at serious risk of neglect in many forms. [ 18 ] The visits need to be supervised at all times to ensure the child’s protection. [ 19 ] After having received the admissions, taken into consideration the reports produced and the testimonies heard, the Court concludes that the security and development of the child are still in danger and that the situation gives rise to the measures sought.

FOR THESE REASONS, THE COURT: [ 20 ] GRANTS the application; [ 21 ] DECLARES that the security and development of the child X are still in danger; [ 22 ] DECALRES that the security and development of the child X are in danger for neglect on physical and educational level; [ 23 ] REVISES the Court order rendered on December 16, 2020; [ 24 ] ORDERS that the child be entrusted to a foster care family chosen by the Director of Youth Protection; [ 25 ] ORDERS that the contacts between the child and his mother be following an agreement between the parties in the presence of a third party chosen by the Director and conditional on the mother not being on mind-altering substances and if there is no agreement contacts will take place twice a week; [ 26 ] ORDERS that the contacts between the child and his father be following an agreement between the parties in the presence of a third party chosen by the Director and conditional on the mother not being on mind-altering substances and if there is no agreement contacts will take place twice a week; [ 27 ] ORDERS that visits to X’s maternal and paternal grandparent’s home are prohibited; [ 28 ] ORDERS that X’s visits with grandparents and other extended family members are to be coordinated by the Director and are to be supervised by a person designated by the Director at the [Center A]; [ 29 ] RECOMMENDS that the mother continue to meet with her addictions worker, her support worker and her psychologist and her parenting worker and follow recommendations; [ 30 ] RECOMMENDS that the father continue to meet with her addictions worker, his support worker and his parenting worker and follow recommendations; [ 31 ] ORDERS that the parents take an active

part in the application of the measures ordered namely that they participate in regular meetings with the social worker to discuss and to update on their respective progress, to collaborate in the intervention plan and that the mother make herself available to discuss the child’s situation and that she gives authorization regarding the child’s medical needs; [ 32 ] ORDERS that a person working for an institution or body provides aid, counselling or assistance to the child and his family; [ 33 ] ENTRUSTS the situation of the child X to the Director of Youth Protection A for the execution of the measures ordered; [ 34 ] THE WHOLE until January 17, 2022. __________________________________ Mélanie Roy, J.C.Q.

Me Caterine Caron

Attorney for the DYP Me Lucie Gaucher Attorney for the child Me Aude Bastien Attorney for the mother Me Myriam Couillard Attorney for the father Date of hearing : May 17, 2021 Judgment signed on : June 22, 2021