2023 QCCQ 8540, 2023 QCCQ 8540

Protection de la jeunesse — 232765 2023 QCCQ 8540 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000951-238 DATE : MARCH 14 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2021 Child and [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A Health and Social Services A, working in Town A , Applicant and A Mother Undeclared father. JUDGMENT

Article 38 - Youth Protection Act [ 1 ]

JG1314 The Director of Youth Protection (Director) submits an application under

section 38 of the Youth Protection Act (YPA) asking the Court to declare that the security and development of the child are endangered under

section 38 ( b ) (1) iii. and 38 ( b ) (2). [ 2 ] The Director asks the Court to order that the child be entrusted to a foster family for a period of six months along with supporting measures including aid, counselling and assistance for a period of one year. [ 3 ] M e Ayoub on behalf of the mother admits some of the alleged facts, denies others. She agrees with the recommendations proposed.

The mother is willing to go to treatment, meet the worker and she wants to collaborate with the Youth Protection worker. [ 4 ] M e Massé on behalf of the child, given the consent of the mother he agrees with the recommendations proposed. [ 5 ] The evidence reveals the following facts. [ 6 ] A previous provisional agreement has been signed among the parties with regards to issues of neglect due to the mother’s alcohol and drug consumption.

The measures ended on January 7 th , 2023. [ 7 ] The child has been entrusted to the foster home of the maternal grandmother and is currently entrusted to the uncle, B and his wife C. [ 8 ] The mother admits she continued to drink and used drugs even after the child was removed from her care. [ 9 ] In November 2022, the mother’s house was boarded up following neighbour’s complaints of the strong crack smell coming from the house.

In December, the mother was able to recuperate the house and loose it again at the end of December for the same reason. [ 10 ] She also was kicked out of the maternal grandmother’s house after one of the family members saw her high on drugs in the house. The mother faces serious health issues with her liver and needs a strict medical follow-up. She regularly misses her medical appointments. She does not inquire much about her child’s youth protection file when asked by the worker to come to the office.

She needs few days to come to the office. [ 11 ] Until now, the mother has not taken any step to resolve her issues and she admits that she is not in a situation to resume her parental responsibilities. [ 12 ] The child is one year old. She goes to daycare. She is young and vulnerable. [ 13 ] The mother admitted to the worker that she smoked crack, cocaine and consumes alcohol. She needs to address her issues with her drugs and alcohol use. [ 14 ] As written by [Social Worker 1], Youth Protection worker, on page 4 of her report, the addiction of the mother affects her parental duties for the child.

The mother needs to prioritise the child’s needs. Mrs. [Social Worker 1] analyzes the situation in the following terms [2] : In this situation, the mother has issues with drugs and alcohol. The mother has put her needs first before her child's needs. The mother needs to attend a detox treatment program to get the help she needs. The mother has to address her issues relating to drugs and alcohol. The mother needs to understand that the child needs a safe living home environment, the child is in danger when the mother consumes drugs or alcohol because the mother lives alone with the child.

Given her young age, X is highly vulnerable and requires responsible caregivers, to ensure that her global needs are met. [ 15 ] Given the whole evidence, the age of the child, her vulnerability, the admission made by the mother with regards to her addiction to alcohol and drugs, the Court concludes that the application is well founded in facts and in law. THEREFORE, THE COURT : [ 16 ] GRANTS the Application; [ 17 ] DECLARES that the security and development of X born on [...], 2021 are endangered under

section 38 ( b ) (1) iii and (b) (2) of the Youth Protection Act ; [ 18 ] ORDERS that the child be entrusted in a foster home for a period of six (6) months ;

[ 19 ] ORDERS that the frequency and modality of contacts between child and the mother be organized by the Director of Youth Protection; [ 20 ] ORDERS the mother to actively engage in NNADAP services and a treatment program to address her alcohol and drug consumption issues; [ 21 ] ORDERS the mother not to expose the child to anyone, including herself, under the influence of alcohol and drugs; [ 22 ] ORDERS the mother to collaborate with the Director of Youth Protection as required; [ 23 ] ORDERS that aid, counselling and assistance be provided to the child and the child’s family for a period of one year, until March 14 th , 2024 ; [ 24 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order; [ 25 ] The whole, until March 14 th , 2024 . ___________________________________ LUCIE GODIN, J.C.Q.

M e Adélia Ferreira Attorney for the Director of Youth Protection M e Marie-Josée Ayoub Attorney for the mother M e Yan Massé Advocate for the child Dates of hearing : March 14 th , 2023 Last exhibit: D-3 in liasse