2016 QCCQ 17824, 2016 QCCQ 17824

Protection de la jeunesse — 168855 2016 QCCQ 17824 JA0940 QUEBEC COURT Youth Division CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] N° : 525-41-030918-163 DATE : May 2, 2016 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X born on […], 2016 THE DIRECTOR OF YOUTH PROTECTION Applicant and A , mother B , father Respondents ______________________________________________________________________ JUDGMENT (Section 38 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 ] As required under

Section 90 of the Youth Protection Act, the present judgment confirms in writing the decision rendered orally at the hearing held on May 2 nd , 2016. [ 2 ] The Director of Youth Protection (the Director) seizes Court of the situation of the newborn child alleging that his security and development are compromised due to risk of negligence. The Director is asking that the child be entrusted to a foster family and that youth protective measures be rendered for a period of one year. [ 3 ] Both parents admit essentially all the facts alleged in support of the motion.

They agree with the recommendations of the Director. The mother would like her son to have contacts with his older siblings who are entrusted to foster care until their age of majority. [ 4 ] Counsel for the child agrees with the recommendations sought by the Director. CONTEXT [ 5 ] The mother has two other children now aged three and six years-old. Both of them are entrusted to foster care until their age of majority due to issues of neglect.

[ 6 ] The mother acknowledges that she has a longstanding history of instability with housing as well as mental health issues. The mother admits to consuming marijuana on a daily basis (up until November 2015). [ 7 ] In January 2016, the mother was referred to the Douglas Hospital to address symptoms of depression and anxiety. As a result, she was prescribed medication. [ 8 ] For the past five years, the father has been on a methadone program as he was a heroin user.

Father admits to consuming marijuana on a daily basis. [ 9 ] The parents recognize that they are not in a position, currently, to care for their son. They accept the help provided by the Director. [ 10 ] The parents have to address their personal issues as well as the conjugal violence that led to the involvement of the police on August 23 rd , 2015. [ 11 ] The parents have to do a lot more than visiting their child twice per week as they have done until now.

They have to correct their situation and take all the steps needed in order to be in a position to care for the child within the time frame of this court order. [ 12 ] The Court reminds the parents, as the Director will continue to do so, that the Law imposes a time limit for placement of a child of such a young age.

If the parents cannot correct their situation and be in a position to offer stability and protection to their son, the Court may have to render a decision ensuring continuity of care, stable relationships and stable living conditions corresponding to the child's needs and age on a permanent basis. [ 13 ] The Director has established that the security and development of the child are compromised. The measures recommended meet the needs of the baby and are in his best interest.

AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 14 ] DECLARES that the security and the development of the child are compromised due to risk of negligence.

AND, BY VIRTUE OF AND PURSUANT TO THE POWERS GRANTED UNDER SECTIONS 91 AND 91.1 OF THE YOUTH PROTECTION ACT, THE COURT ORDERS THE FOLLOWING MEASURES: [ 15 ] ORDERS that the child be entrusted to foster care for a period of one (1) year; [ 16 ] ORDERS that the modalities of contacts between the child and his parents, including supervision if necessary, be determined by the Director of Youth Protection and SETS minimally the frequency of contacts at two (2) per week; [ 17 ] STRONGLY RECOMMENDS that the parents take the necessary steps to stabilize their situation; [ 18 ] ORDERS that aid, counsel and assistance be provided to the child and his parents for a period of one (1) year; [ 19 ] ENTRUSTS the situation of the child to the Director of Youth Protection of A Youth and family Centres, who shall then see that the measures are carried out; [ 20 ] ORDERS the execution of the present judgment by any peace officer, if necessary. _________________________________ MARIE ARCHAMBAULT, J.C.Q.

Me Nadia Sabik Attorney for the Director of Youth Protection

Me Karine Dallaire Attorney for the child Me Jean-Hervé Thomas Attorney for the mother Me Guy Luc Grondin Attorney for father Date of hearing : May 2 nd , 2016