2020 QCCQ 12801, 2020 QCCQ 12801

Protection de la jeunesse — 209410 2020 QCCQ 12801 COUR DU QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] « Youth Division»

N° : 505-41-009760-192 DATE : December 16, 2020 ______________________________________________________________________ PRESIDED BY THE HONOURABLE MÉLANIE ROY ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection worker duly authorized by the Director of Youth Protection of the Centre intégré de santé et de services sociaux A Applicant -and- X , born on [...], 2004 Child -and- A Mother -and- B Father ______________________________________________________________________ JUDGMEN T Section 95(1) of the Youth Protection Act ______________________________________________________________________ JR1585 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 child, aged 16, is entrusted to a rehabilitation centre, according to the last Court order rendered on July 31, 2020. [ 2 ] The Director of Youth Protection (the Director) asks the Court to revise partially its last order to specify some conditions relatively to the contacts between the child and her parents. [ 3 ] The parties agree with the Director’s application and recommendations. [ 4 ] The proof reveals that since the last Court order, the child remained in a reception centre. [ 5 ] On [...], 2020, she gave birth to her son Y .

The delivery was particularly difficult as X had preeclampsia and had to be induced one week prior to her date. After being released from the hospital, she stayed at home for a few weeks because of postnatal complications. [ 6 ] Y was entrusted to a foster home on August 26, 2020. Supervised visits were organized on a regular basis for X to see her baby. [ 7 ] Around September 26, 2020, X went back to the reception centre. After all those months, she finally agreed to go to reside at [House A] with her baby. Although it took a few weeks to go through the process, she got in the resource on November 19, 2020.

Because of the COVID-19 restrictions, her baby was integrated gradually. [ 8 ] As of December 14, he was living full-time with his mother at the resource.

[ 9 ] At first, X appeared to be bonding with her son. She was learning her son’s cues and was able to attend to his needs with support. [ 10 ] However, the staff became concerned about X ’s ability to keep Y safe while being unsupervised and her impulsivity. [ 11 ] On January 2, 2021, X was asked to leave [House A] as they could no longer guarantee the child’s safety.

She went back to the reception centre and her son returned to his foster-care family. [ 12 ] The Court order needs to be partially revised because the contacts between X and her family need to be in accordance with the rehabilitation plan in the context of the COVID-19 pandemic. [ 13 ] After having received the admissions, taken into consideration the reports produced and the testimonies heard, the Court concludes that the security and development of the child are still in danger and that the situation gives rise to the measures sought.

FOR THESE REASONS, THE COURT: [ 14 ] GRANTS the application; [ 15 ] DECLARES that the security and the development of the child X are still in danger; [ 16 ] REVISES PARTIALLY the Court order rendered on July 31, 2020; [ 17 ] ORDERS that the child be entrusted to an institution operating a rehabilitation centre chosen by the Director; [ 18 ] MAINTAINS that the contacts between the child and her parents be upon agreement between the parties and that they respect the following conditions during the contacts: • That the parents and the child work together on a plan to ensure their sobriety during visitation and that they all remain sober; • That the parents ensure a safe environment at home, including who is in the home and their sobriety; • That the child undergoes random drug/alcohol testing after her visits at home. [ 19 ] MODIFIES the measure as to the contacts between the child and the parents as follows : [ 20 ] ORDERS that in default of agreement, the Director determines the level of supervision degree and frequency in accordance with the rehabilitation plan; [ 21 ] ORDERS that the parents periodically report to the Director of Youth Protection on the measures they apply in their own regard or their child regard to put an end to the situation of endangerment more particularly that they meet with the Youth protection worker on a regular basis to update their situation; [ 22 ] ORDERS that the parents and the child take an active

part in the application of the measures ordered; [ 23 ] RECOMMENDS that both parents undergo a full addictions assessment and that follows recommendations; [ 24 ] ORDERS that a person working for an institution or body provides aid, counselling or assistance to the children and their family; [ 25 ] ENTRUSTS the situation of the child X to the Director of Youth Protection of le Centre intégré de santé et de services sociaux A for the execution of the present judgment; [ 26 ] THE WHOLE until May 31, 2021. __________________________________ Mélanie Roy, J.C.Q.

Me Caterine Caron Attorney for the DYP Me Aude Bastien Attorney for the child Me Patrick Cormier Attorney for the parents Date of hearing : December 16, 2020 Judgment signed on : February 11, 2021