2021 QCCQ 9458, 2021 QCCQ 9458

Protection de la jeunesse — 215551 2021 QCCQ 9458 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division »

No: 145-41-000704-210 DATE: July 7, 2021 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2018 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 38b)2 and 38e)1 of the Youth protection Act , notably because of the mother’s substance abuse and unreasonable methods of upbringing by the father. [ 2 ] At the hearing, both parents are absent and not represented by a lawyer. The child’s counsel relies on the evidence and does not contest the measures suggested by the DYP. [ 3 ] The DYP had to intervene in the family notably because of the conflict of separation between the parents. In the beginning, the parents had voluntary services under prevention service but the situation worsened, and the collaboration of the parents ceased.

On May 3, immediate protective measures were applied entrusting the child to a significant person, Mme C. This measure was extended in other orders, and the child still lives with this person to this day. [ 4 ] Although the mother has sole custody of the child, the latter has remained with her father for about a year. The mother has been struggling with addiction as well as mental health issues. Therefore, she was unable to care for her daughter, being too unstable. At some point, the mother was homeless. [ 5 ] However, the mother no longer wanted the child to stay with the father and wanted to take her back.

For his part, the father has recently been preventing the mother from having access to their child. He does not wish to collaborate anymore with the services. [ 6 ] The child stayed with the father for almost a year. He could provide a stable home for her. He admits having anger issues, and he is open to work on his difficulties and attends emotional management with a counsellor. He confesses after the child was placed that he uses drugs, but he wants to go back to sobriety.

Even if the father wishes to invest himself in counselling, he did not show up at the meetings scheduled for him. [ 7 ] Regarding the mother as mention in the psychosocial report [1] , reoccurring issues of instability and homelessness were impacting the mother’s life. She receives follow-ups under prevention services reading her addiction and attends meetings with a psychologist and psychiatrist. She was doing random drug screening voluntarily, but she stopped and she doubted that the results were accurate.

The mother collaborates well with services and is taking steps to have a better life, but a lot of work is still ahead. [ 8 ] The child function well in her foster family, an environment she knows since the foster mother babysat her sometimes for the

parents. The mother comes to the house to see the child and help out. These visit are positive and when there are concerns about her mental health, she is asked to leave. The father did not have contact with her since her placement. The child asked about him and mentions missing him. [ 9 ] One of the objectives in these measures is to reconnect the father with his daughter. After she was removed from his home, he has been struggling to stay sober and to follow through visitations. [ 10 ] The mother has shown effort to stabilize her life but there is little information about her progress.

Some concerns remain regarding her stability and addiction. The child needs a secure and stable environment, and the parents are not able to provide this for the moment. [ 11 ] Considering the circumstances and the evidence adduces; the application is well founded. The security and development of the child are in danger. The suggested measures appear to be in her best interest. FOR THESE REASONS AND THOSE EXPRESSED VERBALLY AT THE HEARING, THE COURT: [ 12 ] GRANTS the application for protection; [ 13 ] DECLARES that the security and development of X are considered to be in danger according to

section 38b)2 and 38e)1 of the Youth protection act ; [ 14 ] ORDERS that the child be entrusted to C, until January 31 st , 2022; [ 15 ] RECOMMENDS that the parents submit themselves to random drug testing; [ 16 ] RECOMMENDS that the parents involve themselves for drug and alcohol counselling and a follow-up, if deemed necessary by the professional; [ 17 ] RECOMMENDS that the mother involves herself in a follow-up to address her personal difficulties; [ 18 ] RECOMMENDS that the father involves himself in counselling for anger management; [ 19 ] ORDERS that the parents report at regular intervals to the DYP to inform of their current situation; [ 20 ] ORDERS that a person working for an establishment provides aid, counselling and assistance to the child and her family until January 31 st , 2022; [ 21 ] ORDERS that the parent actively participate in the application of the measures ordered; [ 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 judgment. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Jules Grenier for the child Mrs. A the mother (absent) Mr. B the father (absent) Written judgment filed on July 13, 2021