2018 QCCQ 14459, 2018 QCCQ 14459

Protection de la jeunesse — 185039 2018 QCCQ 14459 JA0940 QUEBEC COURT Youth Division Canada PROVINCE OF QUÉBEC DISTRICT OF […] N° : 525-41- 033108-176 DATE : February 19, 2018 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X born on [...], 2013 THE DIRECTOR OF YOUTH PROTECTION Applicant and A , mother B , father Respondents ______________________________________________________________________ JUDGMENT (Section 38 of the 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 ] As required under

Section 90 of the Youth Protection Act, the present judgment confirms in writing the decision rendered orally at the hearing held on February 19, 2018. [ 2 ] The Director of Youth Protection (the Director) seizes Court of the situation of the child alleging that his security and development are compromised due to risk of negligence. [ 3 ] The Director is asking that the child be entrusted to a foster family and that aid, counsel and assistance, along with other measures, be ordered for a period of eight months. [ 4 ] The mother, duly represented by attorney, was not present on the date set for the hearing.

On her behalf, a general admission of the facts alleged in the application is made. She agrees with the recommendations of the Director. [ 5 ] The father is absent and his position is unknown. [ 6 ] Counsel for the child makes no admission but agrees with the conclusions sought by the Director. THE CONTEXT [ 7 ] The mother has five other children. The first four were adopted. The child’s half-sister is entrusted to her father’s care since the end of September 2017. The father has five other children.

[ 8 ] Following the decision rendered on November 27, 2017 concerning the child’s half-sister, the Director was under the impression that the mother was collaborating with the intervention. [ 9 ] The mother indeed participated in a conjugal violence group offered at [resource A]. She also worked collaboratively with her educator in order to try and set a daily routine for both the mother and her daughter. [ 10 ] The mother claimed that her difficult pregnancy was the reason why she cancelled approximately half of the meetings set with the educator and the social worker.

She also claimed that she did not permit her boyfriend, Mr. B, to come to the home when her daughter was present. She acknowledged nonetheless that he would, at times, bring items for the baby but that he was not allowed inside the home. [ 11 ] On September 22, 2017, the Director is informed that the mother has given birth to the child. Soon after, the Director finds out that the baby has tested positive for cocaine and marijuana. [ 12 ] It then became obvious that the mother had resumed her drug consumption (cocaine and marijuana). Mr.

B confirmed that he was often with the mother and her daughter at home and in the community. [ 13 ] Immediate protective measures were invoked and the newborn was placed in foster care. [ 14 ] On October 24, 2017, the mother entered into the Portage residential program.

She hoped to have her two children in residence with her. [ 15 ] Two days later, on October 26, 2017, the worker was informed of the mother’s decision to put an end to her treatment at Portage. [ 16 ] Visits between the child and the parents are currently set once a week, under supervision. [ 17 ] The mother has failed to be present in Court in November and December 2017 as well as in February 2018. It appears that she is in agreement with the involvement of the Director. The father was present only in December 2017.

It is hoped that the mother will make herself available to receive the services she needs in order to overcome her drug addiction. Both parents must address their issues in order to put an end to the situation that led to the intervention of the Director. [ 18 ] Based on the evidence presented, the Court comes to the conclusion that the security and development of the child are also compromised due to neglect, as the child was born with traces of cocaine and marijuana.

In addition, the parents having a long and documented history of conjugal violence, the Court concludes that the security and development of the child are also compromised due to psychological ill-treatment. [ 19 ] The measures recommended meet the needs of the child and are in his best interest. [ 20 ] AS A CONSEQUENCE AND FOR THESE REASONS, [ 21 ] THE COURT: [ 22 ] GRANTS the application; [ 23 ] DECLARES that the security and the development of the child are compromised due to neglect, serious risk of neglect and psychological ill-treatment; [ 24 ] AND, BY VIRTUE OF AND PURSUANT TO THE POWERS GRANTED UNDER SECTIONS 91 AND 91.1 OF THE YOUTH PROTECTION ACT, THE COURT ORDERS THE FOLLOWING MEASURES: [ 25 ] ORDERS that the child be entrusted to a foster family; [ 26 ] ORDERS that the modalities and duration of contacts between the child and his parents be determined by the Director; [ 27 ] SETS a minimal frequency of contacts between the child and his parents at once per week; [ 28 ] RECOMMENDS that the mother complete a drug treatment program; [ 29 ] RECOMMENDS that both parents participate in any program or service that may help them solve their personal issues, namely anger management and issues related to conjugal violence; [ 30 ] ORDERS both parents to fully collaborate with the Director, meet with the Director when requested to do so and provide the Director at all times with their phone numbers and addresses so that they can be reached when needed; [ 31 ] ORDERS that aid, counsel and assistance be provided to the child and his family; [ 32 ] ENTRUSTS the situation of the child X B to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out; [ 33 ] THE WHOLE for a period of eight months.

Signed on March 13, 2018 _________________________________ MARIE ARCHAMBAULT, J.C.Q. Me Marie-Josée Paiement Attorney for the Director of Youth Protection Me Karine Doherty Attorney for the child Me Christophe Lafontant Attorney for the mother Dates of hearing: November 27, December 19, 2017 and February 19, 2018 MA/lf