2018 QCCQ 14016, 2018 QCCQ 14016

Protection de la jeunesse — 184371 2018 QCCQ 14016 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 105-41-000457-185 DATE: June 4, 2018 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...] 2017 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 38 b) 2 of the Youth protection act because of a serious risk of neglect (educational plan). Her older sister is aimed by the same demand. [ 2 ] At the hearing, the mother is present and duly represented. She does not contest that the child is in danger and agrees with the conclusions requested by the DYP. She consents to the filing of the reports to value testimony of its authors, although, she disagrees with some part written in it.

However, she does not wish to testify in her case. [ 3 ] The father is absent because of work but mentions to the mother’s lawyer that his position is the same as the mother’s. [ 4 ] Regarding the child, she is represented by a lawyer acting under a legal mandate. Considering the evidence as well as the position of the parents, she agrees with the conclusions proposed by the DYP. [ 5 ] The DYP was already involved in the family situation because the older sister which is entrusted to a foster family, since December 2016. Of course, this case has, an impact in the present file.

At the time, the mother had a serious drug addiction, made bad choices and was unstable. [ 6 ] The child was born On [...] 2017. Considering the situation of her older sister, there were serious concerns about the capacity of the mother to care for another child. [ 7 ] The mother participated in a psychological assessment which concludes that she has global difficulties on the intellectual level. She also went through an assessment of her parental capacities. The results show that the mother takes proper care of her eldest daughter, and she is attentive to her needs.

However, she makes no plan with her or activities. [ 8 ] For many years, the mother showed a great deal of instability so the question remains? Will she persist in this new path, of stability? That is the main concern, the consistency of the actual state of the mother. Furthermore, we learned that the mother is pregnant again, and she kept it secret until the case of her eldest daughter had commenced. This news could have an impact on her recent stability because she will have to manage three children. It is worrisome, will she be able to keep on?

That is why, services and support have to be provided for the mother and the family to be capable to maintain the actual situation. [ 9 ] The parents wanted to collaborate with the services but still don’t recognize any responsibility in the present situation, and they act more like victims. They want but they do not put themselves in action, so it is still only words. The parents are not always honest with

the services and showed a lack of transparency towards them. Their mobilization seems difficult, and they do not take steps to work on their personal issues. The parents also appear to have a rocky and fragile relationship. [ 10 ] Of course, the mother collaborates with the DYP to a certain level but is still very secretive in a way about what is going on at home and does not give a lot of information about it. On the father side, he is never present during the meetings and seems to avoid the DYP. [ 11 ] The child is three years old and vulnerable.

It is observed that the mother takes care of her daughter adequately since her birth and assumes her role well. The father and the maternal grandmother seem to be present, even though, the latter collaborates less with the DYP. The mother has also good social network providing her support and help. [ 12 ] Even if the mother has been sober for several months, and she demonstrates stability for the past month, she is still fragile. Moreover, the relationship between the parents seems questionable added to the fact that the paternal grandmother is less involved with the DYP compared to before.

The latter collaboration have diminished since the other child’s appearance in court, so it is not sure that she will present in the future if needed, as a safety plan as well to support the family. [ 13 ] It is fundamental, to make sure, that all the achievements recently made by the mother will be maintained on a longer period. For those reasons, the presence of the DYP is essential in order to give all the chance of success to the family to maintain the child in her current environment. [ 14 ] The evidence demonstrates that the security and development of the child are in danger according to

section 38 b) 2 of the Youth Protection Act . [ 15 ] Under the circumstances and considering the documentary evidence, the admissions as well as the consent of the parties, the application is well founded. The suggested measures appear to be in the best interest of the child. F OR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 16 ] GRANTS the application for protection; [ 17 ] DECLARES that the security and development of X are in considered to be in danger according to

section 38 b) (2) of the Youth Protection Act ; [ 18 ] ORDERS that the child be entrusted to her parents; [ 19 ] ORDERS that the parents periodically report to the DYP on the measures they apply in their own regard or concerning their child to put an end to the situation of endangerment for their child’s safety and development; [ 20 ] ORDERS that the parents take an active

part in the application of any measures ordered; [ 21 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and his family until September 30, 2018; [ 22 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present order. __________________________________ CELESTINA ALMEIDA, J.C.Q. Me Mylène Pelletier-Rivet for the applicant Me Annie Dupuis for the child Me Isabelle Gagnon for the mother Mr. B the father (absent) Written judgment filed on June 8, 2018