2019 QCCQ 18140, 2019 QCCQ 18140

Protection de la jeunesse — 197537 2019 QCCQ 18140 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 565-41-000304-184 DATE: July 10, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE JEAN-FRANÇOIS NOËL, J.Q.C. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LES CENTRES JEUNESSE A Applicant and X Child a B In their capacity as parents ______________________________________________________________________ JUDGMENT (sections 95 and 75, 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 Court is seized of a motion under

Section 95 of the Youth Protection Act, whereby the Director of Youth Protection is seeking the extension of the decision rendered by this Court on June 21 st , 2018 in relation to the situation of X, aged 5. On that date, the Court declared that the security and development of the child were endangered as a result of a serious risk of neglect on the part of the mother. The Court then entrusted the child to his father, Mr.

B, with aid, counsel and assistance to be provided to the child and his family for the next year. [ 2 ] Alleging that the mother’s situation remains highly unstable, whereby she continues to consume alcohol and drugs excessively and was recently hospitalized as a result of an overdose, the Director is seeking to extend the protection measures for a period of one year. [ 3 ] The father is present and represented by counsel. He admits all the facts in support of the motion and agrees with the proposed extension of the protection measures. The mother is neither present nor represented.

She attended the hearing on interim measures on June 18, 2019 and then admitted the alleged facts before the undersigned, while pointing out that she was receiving services at the CLSC. The father recently spoke with the mother, and he confirms that she is in agreement with the motion.

The child is represented by his legal counsel who, acting under a legal mandate, considers the motion to be in the child’s interest. [ 4 ] It is clear from the evidence that the mother’s situation has not improved and that it is necessary to extend the protection measures as they had been ordered by this Court on June 21 st , 2018. [ 5 ] Unlike the mother, the father’s situation is stable and he remains sober.

He is committed to his son’s wellbeing and to address his particular developmental needs. [ 6 ] Since the child was entrusted to this father, the visits between mother and child were going well until the mother started cancelling visits on short notice for various reasons. She was hospitalized in February 2019 and has not visited with her son since. The child suffers from his mother’s absence and he has started acting out. [ 7 ] The father understands the importance for the child to see his mother and hopes that the visits can start again soon.

He is, however, well aware of the mother’s addiction problems and makes it a priority to ensure the child’s safety during visits. At present, the father is reluctant to leave the child with the mother unsupervised for long periods of time. [ 8 ] Under the circumstances, the social practitioner has requested to meet with the mother in order to discuss the situation prior to the next visit. Unfortunately, the mother has cancelled several meetings and her collaboration is difficult.

[ 9 ] In light of the evidence and given the consent of all parties, it is clearly necessary and appropriate to extend the protection measures as they are clearly in the interest of the child and respectful of his rights. THEREFORE THE COURT : [ 10 ] GRANTS the motion; [ 11 ] DECLARES that the security and the development of the child remain endangered; [ 12 ] EXTENDS the decision rendered on June 21 st , 2018; [ 13 ] ORDERS the execution of the following protective measures for a period of one year:

a) That the child be entrusted to his father;

b) That a person working for a CISSS/CJ A institution or body provide aid, counsel and assistance to the child and his family;

c) That the contacts between the child and his mother be determined by agreement between the parties, taking notice that the contacts are currently supervised and that supervision may be lifted provided the mother is sober during visits and that she follows the recommendations of the social practitioner;

d) That the mother report every other week to the Director of Youth Protection in order to keep the Director informed of developments in the situation and of the measures she takes to correct it;

e) That the parents participate actively in the measures ordered by cooperating with the Director of Youth Protection’s social practitioner; [ 14 ] RECOMMENDS :

a) That the mother receive services in order to address her consumption issues and improve her mental health;

b) That the child receive all the health care and services required by his condition; [ 15 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of this decision. Signed on August 21, 2019. __________________________________ JEAN-FRANÇOIS NOËL, J.Q.C. Mtre. Sandra Couture Counsel for the Director of Youth Protection Mtre. Isabelle Saumier-Castonguay Counsel for the child Mtre. Louis-André Hubert Counsel for the father Date of hearing: July 10, 2019