2017 QCCQ 16091, 2017 QCCQ 16091

Protection de la jeunesse — 176750 2017 QCCQ 16091 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000562-170 DATE: September 7, 2017 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on […], 2017 Child and A and B Parents/Defendants ______________________________________________________________________ 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The child was born a few months ago. At the hearing, the parents inform the Court of the name he will bear, although no birth certificate was issued yet. [ 2 ] Both parents have to cope with very serious issues. The mother has a strained relationship with her own parents. She has to deal with long term drug addiction and traumatic events from the past. She has three other children, who were all removed from her care.

The father also suffers from drug related issues. [ 3 ] The parents' previous child, who is now four year-old, was born addicted to drugs. [ 4 ] The parents have a stormy relationship. There are control issues as well as domestic violence within the couple. [ 5 ] On May 12, 2017, the police and the youth protection delegate have to intervene in the family, because of domestic violence. The mother is injured but refuses to get medical care. Following that event, the mother has multiple bruises, swelling, a hernia in the navel area with dried blood around it.

The parents' four year-old son is present during the violent outburst. He is entrusted to his grandmother on the same day. [ 6 ] The mother gives birth to the child two days after the episode of violence. Like his brother before, the child is born addicted to drugs. He remains at the hospital for several weeks, suffering from withdrawals to methadone, benzodiazepines and cocaine. When he gets his leave from the hospital, the baby is entrusted to a foster family. [ 7 ] While her son is hospitalized, the mother only visits him on a few occasions. He is now entrusted to the mother's sister, as a foster family.

The mother does not attend scheduled visits with the child. [ 8 ] Nevertheless, the mother says she wants to work with professionals in order to solve her personal problems. She fears her youngest children might be placed for the long term. She tells the youth protection delegate she has never been more motivated to make changes in her life. [ 9 ] Only time will tell if the mother's good intentions materialize and last. The mother does, however, undertake steps in the right direction. She recently attends a detox program and plans to enter therapy.

That therapy will last several months and the child can live with his mother in the center. It is a specific program for women who attend with their children, under professional supervision. [ 10 ] The father does not cooperate to the DYP's assessment of the situation. He works as a fisherman and therefore leaves the area for extended periods. He tells the youth delegate he does not understand why youth protection services are involved in his family.

[ 11 ] However, at the hearing both parents admit that the application for protection is well founded. [ 12 ] The evidence convinces the Court that the security and development of the child are in danger. The parents' addictions as well as the violence within the couple cause a serious risk of neglect for this highly vulnerable baby. His own issues, stemming from being born addicted to drugs, are obvious consequences of his parents' poor life choices. [ 13 ] Protective measures are necessary.

The DYP recommends that the child be entrusted to the mother, given the fact she will attend therapy in a structured environment. It is to that specific condition that the Court will permit the child to be under his mother's care. If the mother fails to complete the program, the child will be back into a foster family. WHEREFORE, THE COURT: [ 14 ] GRANTS the application for protection; [ 15 ] DECLARES that the security and development of X are considered to be in danger according to

section 38b)2 of the youth protection act ; [ 16 ] ORDERS that the child remain in a foster family until his mother enters therapy and then ORDERS that the child be entrusted to his mother as long as the mother resides in the Horizon Mother & Child Rehabilitation Program until her therapy is completed; [ 17 ] ORDERS that, in the event that the mother leave the rehabilitation program before its completion, that the child be entrusted to a foster family designated by the DYP; [ 18 ] ORDERS that contacts between the child and his parents be determined by agreement between the parties and supervised as long as deemed necessary; [ 19 ] RECOMMENDS that both parents participate in an addiction assessment and drug counselling as long as deemed necessary; [ 20 ] ORDERS that the parents benefit from services of an external educator; [ 21 ] RECOMMENDS that the parents actively participate in anger-management; [ 22 ] RECOMMENDS that the parents benefit from psychological counselling to deal with their personal issues; [ 23 ] RECOMMENDS that the parents participate in a parental capacity and psychological evaluation; [ 24 ] ORDERS that the parents actively participate in the measures ordered to put an end to the situation; [ 25 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and his family until August 30, 2018; [ 26 ] ENTRUSTS the situation of the child to the director of youth protection of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Isabelle Gagnon for the child Mrs. A the mother Mr. B the father Written judgment filed on September 22, 2017