2017 QCCQ 17434, 2017 QCCQ 17434

Protection de la jeunesse — 177845 2017 QCCQ 17434 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000558-178 DATE: October 4, 2017 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on […], 2016 Child and A Mother/Defendant ______________________________________________________________________ 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 two children are respectively one and two and a half year-old. Needless to say that they are extremely vulnerable. [ 2 ] The father dies in January of this year. Following that traumatic event, the family's situation, already fragile, deteriorates. [ 3 ] The mother has long lasting issues to deal with, in regards with addictions, among other things. Following the father's death, there are serious concerns about the house's cleanliness.

However, the mother and children then move to the grandmother's temporarily. Social services try to provide help, but the mother participates and then stops. [ 4 ] During the summer, social services receive multiple reports from people in the community as well as from the police, who are worried about the children's security. People notably report that those very young children play on the street, unsupervised. [ 5 ] On July 5, the youth delegate presents herself to the mother's residence. She finds out that the children are under the care of a man who is highly under the influence of drugs.

The mother is then nowhere to be found. [ 6 ] Furthermore, the residence is unsanitary and smells very bad. On the same day, both children are entrusted to a foster family. [ 7 ] Later on, the youth delegate discusses the situation with the mother. The latter admits the lack of supervision but does not see it as a problem. [ 8 ] The children are adjusting well in their foster family. They also have contacts with their maternal grandmother. [ 9 ] The foster family is open to have the mother visit her children at their place.

The mother goes once or twice, but does not return afterwards, since approximately mid-August. She recently tells the youth protection delegate she is not ready for supervised visits yet. She expresses she does not want contacts at the foster family because it is too hard for her. During a visit, her son states he wishes to remain in foster care. [ 10 ] The youth protection delegate has a very hard time trying to reach the mother. She lives with a new boyfriend and does not have a phone, to the youth protection delegate's knowledge.

[ 11 ] In September, the mother requests a postponement of the hearing, through the youth protection delegate. She states she cannot come to court because she is overwhelmed. She also tells that she is sober and willing to start working with professional services. [ 12 ] Unfortunately, the mother's good intentions are not put into action. To this day, it is rather wishful thinking than the beginning of a real process.

The mother hardly ever meets with the youth protection delegate and also fails to show up for the hearing. [ 13 ] The preponderant evidence convinces the Court that the security and development of the children are in danger because they suffered neglect and were abandoned. [ 14 ] The situation is worrying, considering the mother's absence of involvement and cooperation. [ 15 ] The children are very young and they cannot wait too long for their mother to put her life back on track. It is essential that the mother works with professionals and tries to solve her issues if she wants her children's return.

Otherwise, we will have to foresee a different life project for the children. WHEREFORE, THE COURT: [ 16 ] GRANTS the application for protection; [ 17 ] DECLARES that the security and development of X are considered to be in danger according to

section 38a) and 38b)1 of the youth protection act ; [ 18 ] ORDERS that the child be entrusted to a foster family designated by the DYP until September 30, 2018; [ 19 ] ORDERS that the contacts between the child and her mother be supervised as long as deemed necessary and that the mother is sober during the times of visitation; [ 20 ] RECOMMENDS that the mother participate with an addictions assessment and drug counselling as long as deemed necessary; [ 21 ] ORDERS that the mother actively participate in external education services; [ 22 ] RECOMMENDS that the mother actively participate in anger-management; [ 23 ] RECOMMENDS that the mother benefit from psychological counselling to deal with her personal issues; [ 24 ] RECOMMENDS that the mother participate in a parental capacity and psychological evaluation; [ 25 ] ORDERS that the mother actively participate in the application of the measures ordered to put an end to the situation of endangerment; [ 26 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and her family until September 30, 2018; [ 27 ] 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. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Alexis Deschênes for the child Mrs. A (absent) the mother

Written judgment filed on October 12, 2017