2017 QCCQ 20119, 2017 QCCQ 20119

Protection de la jeunesse — 1710327 2017 QCCQ 20119 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000162-166 DATE: July 10, 2017 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on [...], 2016 CHILD ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of A APPLICANT AND A MOTHER AND B FATHER ______________________________________________________________________ JUDGMENT (

Section 95 of the Youth Protection Act CQLR c. P-34.1) ______________________________________________________________________ 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 submits to the Court a motion asking the placement of the child in a foster family until she reaches the age of majority. [ 2 ] On November 11, 2016, the Honourable judge Lucille Beauchemin declared that the security and development of the child, who was born a little more than a month before, were endangered pursuant to paragraph b) 2° of

section 38 of the Youth Protection Act . The child was entrusted to a foster family for a period of six months. [ 3 ] The mother is transient in City A but received twice the motion presented in court today.

She is absent and not represented by counsel. [ 4 ] The father is present by visioconference since he is detained. [ 5 ] From the previous judgment, we know that the child is at risk of ADHD or ASD resulting from foetal exposure to drugs and alcohol during the pregnancy. [ 6 ] The mother, despite her age, has already six children, all placed in foster families. [ 7 ] The father is currently serving a two-year sentence and cannot take care of X. It is noteworthy that the father has four other children.

The two oldest have been adopted and the two others live with their mother. [ 8 ] Both parents, at the time of the birth of X, had problems with drug consumption. At the present time, no real steps to solve this problem have been taken by either of them. [ 9 ] Since the last Court order, the child remained in the same foster family where she is developing well. [ 10 ] The parents met with the therapist and completed a four-day therapy. [ 11 ] On January 10, 2017, the parents, both under the influence of alcohol, had an argument and the mother was asked to leave the premises.

Since then, it appears that she is homeless, living in City A with no stable address. [ 12 ] The mother has not called the Youth Worker or the foster family to inquire about the evolution of the child nor has she asked for a visit with the child.

[ 13 ] Furthermore, it appears that in March, the mother pleaded guilty to a breach of conditions that occurred in January and she was sentenced to ten days of incarceration. [ 14 ] On his part, the father has not called the Youth Worker to inquire about the child nor has he asked for visits with X. [ 15 ] The parents have not engaged in a treatment to address their substance use issues. Both still have lifestyles incompatible with the presence of a vulnerable child. [ 16 ] The father hopes that the mother will solve all of her problems in order to have the child back.

He is not asking for the child for himself and is relying on the mother to solve her problems in order to care for X. The Court has no probative evidence that a return of the child to her father or mother is possible in a short term period. [ 17 ] Both parents of the foster family testified. They have been assessed by the Director of Youth Protection. Both are very fond of the young child and she is part of their family.

They are committing themselves to care for this child on a long term basis. [ 18 ] The father does not really challenge the recommendations made by the Director of Youth Protection. [ 19 ] Given the past of both parents with their respective children, given the young age of X, her high level of vulnerability and the fact that a return of the child to the care of her parents seems unlikely, the Court has the evidence on a balance of probabilities that the adequate measure for this child is to be placed in a foster family until she reaches the age of majority.

FOR THESE MOTIVES, THE COURT: [ 20 ] GRANTS the motion; [ 21 ] MAINTAINS that the security and development of X, born on [...], 2016, are still endangered; [ 22 ] ORDERS the placement of X in a foster family until she reaches the age of majority, namely the foster family of C and D; [ 23 ] ORDERS that all contacts between the parents and the child be supervised by the Director of Youth Protection as for the modalities, frequency and length and that such contacts must be established only in the best interest of the child; [ 24 ] ORDERS that aid, counselling and assistance be provided to the child and the foster family until the child reaches the age of majority; [ 25 ] ORDERS that aid, counselling and assistance be provided to the parents if they expressly ask for such social follow-up and if they ask for access rights; [ 26 ] ORDERS that the parents be and remain sober when in presence of the child; [ 27 ] ORDERS the parents not to put the child in presence of people under the influence of intoxicating substances; [ 28 ] WITHDRAWS certain attributes of parental authority from the parents regarding medical, educational, sporting and social activities including all matters relating to passport, social security number, medical card and driver’s license issuance and DESIGNATES the Director of Youth Protection to exercise these attributes of parental authority in the best interest of the child; [ 29 ] ORDERS both parents to inform promptly the Director of Youth Protection of any change of address and phone number; [ 30 ] ORDERS that the child receive all medical care she requires; [ 31 ] ORDERS to any police officer to collaborate with the execution of the Court order if requested to do so by the Director of Youth Protection; [ 32 ] ENTRUSTS the situation of X to the Director of Youth Protection for the execution of the court order. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Camille Champeval DPJ A Lawyer for the applicant Mtre. Constantin Kiryakidis Centre communautaire juridique A Lawyer for the child Mtre. Michel Grenier Lawyer for the father

Date of hearing: May 25, 2017