2023 QCCQ 8545, 2023 QCCQ 8545

Protection de la jeunesse — 232770 2023 QCCQ 8545 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000962-235 DATE : MAY 4 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2018 Child And [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of the A Health and Social Services A, working in Town A, Applicant and A Mother Undeclared father. JUDGMENT

Article 38 - Youth Protection Act [ 1 ]

JG1314 The Director of Youth Protection (Director) applies to the Court under

section 38 of the Youth Protection Act (YPA) asking the Court to declare that security and development of the child are endangered under

section 38 ( b ) (1) iii. -neglect on educational needs-, and 38 ( b ) (2)- risk of neglect of the YPA. [ 2 ] The Director asks the Court to order that the child be entrusted to a foster home for a period of nine months and to order several assistance measures including aid, counselling and assistance to the child and the child’s family for a period of one year. [ 3 ] The mother is absent. She is not represented by a lawyer.

The worker testified that the mother is nowhere to be found. [ 4 ] The child has no paternal filiation. [ 5 ] M e Wylde on behalf of the child consents to the application and the proposed measures. [ 6 ] The evidence reveals the following facts. The child is 4 years old. The child and the child’s sibling’s situation were reported to the Director with regards to issues of neglect due to serious substance abuse of the mother. [ 7 ] The mother and the child were living with the maternal grandfather.

At an unknown time to the Director, the mother resumed drinking and taking drugs. [ 8 ] On March 4 th , 2023, the situation of the child was reported to the Director regarding the mother leaving the child on March 1 st , unattended while he was sleeping to go out drinking. The mother left the child without any arrangement for a babysitter and not informing the grandfather that she was leaving. [ 9 ] The family tried to contact the mother advising her that unless she resumes her parental responsibilities, they will have to report the situation to the Director of youth protection.

The mother responded that she didn’t care. [ 10 ] On March 4 th , immediate protective measures were invoked, and the child was placed with the maternal grandfather. [ 11 ] At the time the present application was signed on March 8 th , the mother has not returned home. She was and she is still nowhere to be found in the community. It has been reported to the Director that she would be out binge drinking in Town B. [ 12 ] The Director has been previously involved in the child’s situation. He had an opened file and was on placement for nine months in January 2020.

At the age of one year old, the mother left the child alone without informing anyone. [ 13 ] In November 2021, measures were extended for another six months due to the mother’s situation remaining the same. [ 14 ] In July 2022, the child was returned to the mother and the Director remained involved for nine months. [ 15 ] The child is young and needs to be under the care of adults able to answer all his needs. [ 16 ] The mother is capable to care for her children when she is sober. Mother attempted to attend a drug and alcohol treatment program in October 2022.

She did not complete any treatment program as of today. [ 17 ] The child is being exposed to substance abuse by the mother, he’s left alone without proper supervision and is at risk for neglect and abandonment. [ 18 ] The child has been entrusted to the maternal grandfather. He’s doing well under his care. He is a bright child of 4 years old. He does not have any behavioral issues; he speaks very well and the worker underlines the fact that he also knows more than he should have for his age.

He still needs to be attending daycare to develop basic learning skills and to have social interaction with peers of his age. [ 19 ] Given the whole evidence, the assessment of the situation and the orientation report, given the age of the child, that he is developing well under the care of the maternal grandfather, the consent of M e Wylde on behalf of the child, the Court concludes that the application is well founded in facts and in law and that the proposed recommendations are in the interest of the child.

FOR THESE REASONS, THE COURT : [ 20 ] GRANTS the application; [ 21 ] DECLARES that the security and development of X born on [...], 2018 are endangered under

section 38 ( b ) (1) iii. and 38 ( b ) (2) of the Youth protection Act ;

[ 22 ] ORDERS that the child remain entrusted to the foster home of B for a period of nine (9) months ; [ 23 ] ORDERS that the mother attend and complete a drug and alcohol treatment program; [ 24 ] ORDERS that the mother undergo random drug testing; [ 25 ] ORDERS that the mother agree to remain sober in the presence of the child at all times; [ 26 ] ORDERS that that the mother seek psychological support for her own personal issues and anger issues; [ 27 ] ORDERS the mother to ensure that the child is not being exposed to any form of violence; [ 28 ] ORDERS the mother to ensure that the child is not being exposed to any persons under the influence of alcohol or drugs at all times; [ 29 ] ORDERS that contacts between the child and mother be determined by the Director of Youth Protection as for frequency and modality, and with supervision of a third-party; [ 30 ] ORDERS that the mother fully collaborate with the Director of Youth Protection and meet with the worker upon request and advise the Director of Youth Protection of any changes in address and/or coordinates; [ 31 ] AUTHORIZES the Director of Youth Protection to obtain and share information with all service providers working with the child and the child’s family; [ 32 ] ORDERS that aid, counselling and assistance be provided to the child and the child’s family for a period of one year ; [ 33 ] The whole until May 4 th , 2024 ; [ 34 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order; [ 35 ] ORDERS that any peace officer to collaborate in the execution of the present court order if requested to do so by the Director of Youth Protection. ___________________________________ LUCIE GODIN, J.C.Q.

M e Adélia Ferreira Attorney for the Director of Youth Protection Mother absent, not represented M e Fanny Wylde Advocate for the child

Date of hearing : May 4 th , 2023 Last exhibit: D-4