2020 QCCQ 5739, 2020 QCCQ 5739

Protection de la jeunesse — 205247 2020 QCCQ 5739 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000635-190 DATE: August 18, 2020 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2018 Child -and- A -and- B Parents ______________________________________________________________________ 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 director of youth protection (DYP) asks the Court to declare that the security and development of the child is in danger according to

section 38b)2 of the youth protection Act , notably because of a serious risk that the child’s mother is not providing her basic needs. Her siblings are aimed by a similar application. At the hearing, the parents are present and do not dispute the request formulated by the DYP. [ 2 ] The DYP has been involved in a child’s life since, practically, the first months of her life. At first, the mother agrees to entrust her child to a foster family as part of an agreement on voluntary measures so that she can attend a therapy in City A.

She is aware that a non-completion of it will affect the outcome regarding her child. [ 3 ] In May 2019, the mother integrates the “ [treatment program A] ” in City A for a period of eight months, to deal with her addiction. She has been succeeding in the phases of the program. She had two successful visits back in her home environment. In November 2019, she relapses and refuses to return to [treatment program A]. She states that she completed the program, but the evidence says otherwise.

On several occasions, it is noted by various professionals or the foster family that the mother is not totally sober. [ 4 ] Now, the maximum delay is well over the limitations of 12 months. The mother does not mobilize herself and does not take the necessary steps, nor responsibilities to change her situation. [ 5 ] The father is unable to take care of the child, especially in the absence of a permanent residence as well as addiction issues, which he denies. He does not inform the DYP of his living conditions, nor collaborates with them. He does not request contact with his daughter.

In fact, he is not involved in her life. [ 6 ] The child is entrusted to her current foster since she is a newborn. The foster mother expresses her wish to take care of the child until her majority. She describes her as to be a perfect child, and that she is part of the family. [ 7 ] The family environment is unsuitable for that young child. Both parents suffer from addiction issues, which puts her at risk. The foster family can provide her a safe, stable and secure surroundings. The child is doing very well in that home, in which she has been living since her birth.

[ 8 ] The evidence demonstrates that the security and development of the child are in danger. Considering the admissions of the parties as well as their consent with the recommendations of the DYP, the application is well founded. Furthermore, these measures appear to be in the child’s best interest. FOR THESE REASONS, THE COURT: [ 9 ] GRANTS the application for protection; [ 10 ] DECLARES that the security and development of X are considered to be in danger, according to

section 38b)2 of the youth protection act ; [ 11 ] ORDERS that the child be entrusted to a foster family of Mrs. C and Mr.

D until of age of majority ([...], 2036); [ 12 ] ORDERS that the contacts between the child and her parents be determined according to agreement between the parties and that they be supervised, as long as deemed necessary by the DYP; [ 13 ] ORDERS that the parents be sober in the presence of the child; [ 14 ] PROHIBITS the parents from denigrating one another or social services in the presence of the child; [ 15 ] RECOMMENDS that the parents engage in psychological counselling regarding their personal difficulties as deemed necessary by the professionals involved; [ 16 ] ORDERS that the child’s parents actively participate in the application of the measures ordered; [ 17 ] ORDERS that a person working in an organization or institution brings to the child as well as the family, help, advice and support until age of majority ([...], 2036); [ 18 ] 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; [ 19 ] ORDERS to individuals covered by this order to comply. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Mylène Pelletier-Rivet for the applicant Me Alexis Deschênes for the child Mrs. A the mother Mr. B the father Date of hearing: August 5, 2020