2017 QCCQ 20134, 2017 QCCQ 20134

Protection de la jeunesse — 1710498 2017 QCCQ 20134 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” N° : 525-41-033044-173 DATE : December 15, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2017 child and A mother ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act (R.S.Q. c. P-34.1) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on December 15, 2017. [ 2 ] The Director of Youth Protection (the Director) alleges that the mother is not meeting the child’s basic needs and that a situation of serious risk of neglect exists. [ 3 ] On September 12, 2017, the Tribunal entrusted the child to the mother’s care at the condition that she resides at Centre A, failing which the child will be entrusted to Ms.

B. [ 4 ] Today, the Director recommends that the child remains entrusted to the mother’s care at the conditions that she resides at the residential Mother and Child Program at [Center A] or in any other supervised living program approved by the Director. The Director recommends that the support measures be ordered for a period of one year. [ 5 ] The mother and the child’s attorney agree with the proposed plan. Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting his rights?

Context and Analysis [ 7 ] Since January 2017, the child’s sister, Y, has been the subject of a Court order due to ongoing neglect. She is entrusted to the care of her paternal grandmother, Ms. B until May 23, 2018. [ 8 ] The mother and Mr. C, Y’s father, have a drug addiction. [ 9 ] Mr. C has not taken any steps to address his addiction to crack cocaine. [ 10 ] He has an extensive criminal record and was released from prison on July 10, 2017.

[ 11 ] Since September 12, 2017, the youth protection worker has been unable to reach Mr. C. [ 12 ] Since November 2017, Mr. C is serving a two year sentence in a federal penitentiary. [ 13 ] The mother participated in several rehabilitation programs. From April to May 2017, she completed an inpatient program at A Pavilion and continued to receive support through an outpatient program and through the CLSC. Despite this support, she relapsed on at least three occasions. [ 14 ] On August 15 and 29, 2017, the mother tested positive for crack cocaine. [ 15 ] The mother voluntarily applied to reside at A House.

She moved in the program on August 2, 2017. On August 31, 2017, the mother was asked to leave A House as she refused to follow the curfew regulation. [ 16 ] The child tested positive for cocaine at birth. He had difficulty breathing and had to be brought to the NICU at the Jewish General Hospital. His situation eventually stabilized. [ 17 ] Ms.

B, Y’s paternal grandmother, is willing and available to care for the child should a placement be warranted. [ 18 ] On September 12, 2017, the Tribunal entrusted the child to the mother’s care at the condition that she reside at Centre A, failing which the child will be entrusted to Ms. B. [ 19 ] The mother and the child have since been residing in the A Program. It is reported that they are both doing well. At first, the mother experienced difficulty adjusting to the program’s requirements. She is now beginning to engage and shows more motivation.

The mother is described as providing appropriate stimulation for the child. [ 20 ] The Director will need to support the mother in her efforts to remain sober. She will need to maintain her efforts in order to provide the child with a safe and secure environment and to meet his numerous needs. THEREFORE AND FOR THESE REASONS, THE COURT: [ 21 ] GRANTS the application; [ 22 ] DECLARES that the security or the development of the child is endangered (

section 38 b) 2 o of the Youth Protection Act ); [ 23 ] ORDERS that the child be entrusted to the care of his mother on the condition that she resides at the residential mother and child program at [Center A] or any other supervised living program approved by the Director of Youth Protection; [ 24 ] ORDERS that the mother not be under the influence of any drugs or alcohol while caring for the child; [ 25 ] TAKES ACT of the mother’s agreement to submit to random drug testing and RECOMMENDS her to do so; [ 26 ] ORDERS that the mother continue to collaborate with the services of an educator for as long as deemed necessary; [ 27 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 28 ] THE WHOLE for a period of one year; [ 29 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Signed on January 11, 2018 /cd Mtre Heidi Lechter Counsel for the Director of Youth Protection Mtre Luce James Counsel for the child Mtre Younes Ameur Counsel for the mother Date of hearing: December 15, 2017