2016 QCCQ 18275, 2016 QCCQ 18275

Protection de la jeunesse — 169152 2016 QCCQ 18275 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 525-41-031709-165 DATE: December 21, 2016 ______________________________________________________________________ BY THE HONOURABLE LINE BACHAND, J.C.Q. ______________________________________________________________________ DIRECTOR OF THE YOUTH PROTECTION and X Born on [...], 2012 Child and A B Parents ______________________________________________________________________ JUDGMENT Art. 38 Y.P.A. ______________________________________________________________________ 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 with a motion under

Section 38 of the Youth Protection Act requesting that the security or development of X (4 years old) be declared to be in danger because there is a serious risk of neglect. [ 2 ] The Director recommends essentially that the child be entrusted to the care of his mother, that the contacts between the child and the father be determined by the Director, including supervision if necessary. Other measures of support are suggested with a social follow up for a period of 9 months. [ 3 ] Both parents recognizes the situation as reported by the Director. They are in agreement with the measures proposed.

CONTEXT AND ANALYSIS [ 4 ] Before October 3, the child was living with his father and spent every second weekend with his mother. [ 5 ] The mother has a history of alcohol abuse. Since the past 9 months her consumption has not been problematic. [ 6 ] During the weekend of September 24, when the child was with his mother, the father consumed cocaine, speed and alcohol. The following week, the father went to a crisis center because he had suicidal ideation saying that a poison was added to his cocaine. The father was brought to the hospital for assessment.

Following a psychiatric assessment, it was determined that the father had a drug- induced psychotic episode. A similar hospitalization occurred in August 2016 because he had consumed drugs and alcohol. The father

recognizes that he regularly consumes drugs and alcohol when the child is with his mother. [ 7 ] The child was entrusted to extended family and the next day he was entrusted to his mother. [ 8 ] The parents agrees to collaborate with the Director. The father is willing to get involved in therapy and services and to follow the recommendations that will be made. The mother wants to participate in an alcohol assessment and follow the recommendations that will be made. [ 9 ] The mother needs support and monitoring to ensure that she meets the needs of the child.

The father as the same needs. [ 10 ] On October 25, 2016, the mother was arrested and detained for 2 days because she was found highly intoxicated in [Park A]. She did not share this information with the caseworker. This last event tells about the fragility of the measures recommended by the Director. [ 11 ] There is a serious risk that the child will be neglected. The Court will follow the recommendations suggested by the Director. The parents, must be transparent with the Director.

They have to collaborate openly with all the follows ups that will be suggested to them. [ 12 ] CONSEQUENTLY, AND FOR THESE REASONS, THE COURT : [ 13 ] DECLARES that the security or the development of X is compromised under

Section 38 b) 2 of the Youth Protection Act (serious risk of neglect); [ 14 ] ORDERS that X be entrusted to the care of his mother; [ 15 ] ORDERS that the frequency and modality of contacts between X and his father be determined by the DYP including supervision if necessary; [ 16 ] TAKES JUDICIAL notice that these contacts will be encouraged; [ 17 ] ORDERS that the father engaged in therapeutic services to address his past traumas; [ 18 ] ORDERS that the father address his alcohol and drug dependence through in or out-patient therapy and services, and follow through with any recommendations; [ 19 ] ORDERS that the mother participate in an alcohol assessment and follow through with any recommendations; [ 20 ] RECOMMENDS that the mother and the father participate in random alcohol test; [ 21 ] TAKES JUDICIAL notice that the parents authorized the DYP to exchange informations with treating professionals working with Mr.

B and the mother, if so; [ 22 ] ORDERS that a person working for [centre A] provide aid, counsel and assistance to X and the family; [ 23 ] THE ALL of the above mentioned measures be in place for a period of nine (9) months. [ 24 ] ENTRUSTS the situation of the children to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 25 ] ORDERS the execution of this judgement by any peace officer, if necessary; __________________________________ Line BACHAND, J.C.Q. Me Heidi LECHTER [centre A]’s Attorney Me Christian BENOÎT Child’s Attorney Me Marc MORIN Father’s Attorney

Date of hearing: December 21, 2016