2023 QCCQ 2548, 2023 QCCQ 2548

Protection de la jeunesse — 23915 2023 QCCQ 2548 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 635-41-001217-220 DATE: February 7, 2023 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in […] Applicant and X, born on [...], 2015 Child and A Mother ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (the Director) submits an application for protection concerning the situation of X, born on [...], 2015. [ 2 ] The Director seeks a declaration that the security and development of the child in danger under

section 38(b)(2) of the Youth Protection Act . The mother has a severe alcohol and drug addiction, significant mental instability, and housing issues that would put the child at risk of neglect. As for the direction for the child, the report prepared by the youth protection worker, Ms. [Social Worker 1], suggests that the child should be entrusted to a foster family until November 7, 2023, with other measures to put an end to the situation of endangerment. [ 3 ] The mother was absent from the hearing even though she had been served. [ 4 ] The child is represented by Mtre David Boudreau.

He confirmed on behalf of the child that she is very happy with Ms. B, the foster family. THE EVIDENCE [ 5 ] Over the last year, the mother has been arrested few times in different situations: − On February 22, 2022, she was arrested for taking a vehicle without the consent of the owner; − In April 2022, she was arrested for driving while impaired by alcohol and cannabis; − On September 30, 2022, she was arrested for careless use of a firearm and discharging a firearm with intent. She was suicidal and armed. The police found her with a rifle and she pointed it at her face.

During the police intervention, she asked the police to shoot her; [ 6 ] None of those events happened in the presence of the child. [ 7 ] The mother has no stable place to live, and she has been moving from place to place in recent years. She has lived mostly with

her mother, but the relationship is conflictual. A housing request was made, but she is on the waiting list. [ 8 ] After the police intervention in September 2022, she was hospitalized and diagnosed with depression. She refused to take the medication prescribed for her mental health issue. The mother has good insight but has made virtually no effort to address her issues. [ 9 ] In October 2022, the mother agreed to follow-up with a social worker and was released from the hospital. In reality, however, she did not receive follow-up due to her lack of motivation. [ 10 ] The mother acknowledges her difficulties.

She signed a provisional agreement to entrust her child to Ms. B, who is a registered foster family. Mrs. C, the mother’s aunt, supports Ms. B in taking care of the child. [ 11 ] The Court declares that the security and development of the child are in danger under

section 38(b)(2) of the Youth Protection Act due to the mother’s mental health condition, her addiction to alcohol and drugs, and her unstable living conditions. The child is vulnerable and still needs an available and healthy parent to take care of her. [ 12 ] The child should evolve in a safe and stable environment, free from substance abuse and distress. The foster family of Ms. B ensures all her needs and provides her a secure and warm environment where she is happy to live.

The mother is not able to answer her daughter’s needs, but she has taken some steps to entrust the child to the care of a family member. [ 13 ] The mother has significant personal issues. She will have to take steps to address her mental health and addiction issues and to stabilize her living conditions. The mother also needs to maintain the bond with her daughter through regular contact with her.

She will have to be sober in her presence and continue to be involved in her education, health, and general well-being. [ 14 ] The Court concludes that it is in the interest of the child to be entrusted to a foster family as recommended by the Director. FOR ALL THE ABOVE REASONS, THE COURT: [ 15 ] GRANTS the application; [ 16 ] DECLARES that the security and development of the child X, born on [...], 2015, are endangered under

section 38(b)2) (serious risk of neglect) of the Youth Protection Act ; [ 17 ] ENTRUSTS the child to a foster family chosen by the institution operating a child and youth protection centre, until November 7, 2023; [ 18 ] TAKES JUDICIAL NOTICE that this foster family will be B and that if the foster family changes, the parties will be informed; [ 19 ] ORDERS that the child and the child’s parent undertake to take an active

part in the application of the measures designed to put an end to the situation in which the security or development of the child is in danger; [ 20 ] ORDERS that the contact between the child and the mother be agreed upon between the foster family, the mother and the Director of Youth Protection, and that it be conditional on the mother being sober; [ 21 ] ORDERS that a person working for an institution or body provide aid, counselling, or assistance to the child and the child’s family; [ 22 ] ORDERS that the child's parent report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 23 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order; [ 24 ] THE WHOLE until November 7, 2023.

Signed in Town A on March 15, 2023 __________________________________ RENÉE LEMOINE, J.C.Q. Mtre David Boudreau For the child Mtre Camille Striganuk For the applicant

Date of hearing: February 7, 2023