2016 QCCQ 13921, 2016 QCCQ 13921

Protection de la jeunesse — 166284 2016 QCCQ 13921 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No. 610-41-000709-162 DATE: September 1, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE RENÉE LEMOINE J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2016 [SOCIAL WORKER 1], in her capacity as person authorized by the Centre integré de santé et de services sociaux A, having a place of business at [...] in Town A, district A, [...] Applicant and A, domiciled and residing at [...] in Town B, district A, [...] Mother ______________________________________________________________________ JUDGMENT ( sections 38 and 75 of the Youth Protection Act , R.S.Q. 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 (D.Y.P.) filed an application for protection regarding the situation of X, born on [...], 2016. [ 2 ] The mother was present and represented by Mtre. Daniel Ouellet.

She disagreed with the application and asked that her child be returned to her. ISSUES TO RESOLVE [ 3 ] The present case does raise the following litigious issues: − Does the evidence show that the security and development of the child are in danger? − If yes, what will be the applicable measures in order to put an end to the situation that endangers the security and development of the child? THE EVIDENCE [ 4 ] The mother has three older children who have been entrusted to a foster family until they reach their majority, by a court order rendered in March 2016.

The situation had been in danger due to an unresolved history of neglect and substance abuse and neglect on an educational level. [ 5 ] The mother struggled with drug and alcohol problems. She says she has kept herself away from drugs and alcohol since the birth of the child on [...], 2016. [ 6 ] During her pregnancy, the mother neglected her medical follow-up, having none until the 31st week and missed some appointments before the delivery at the 37th week. [ 7 ] The child has a cleft palate, for which she will have surgery at one year old.

[ 8 ] On June 3, 2016, the child was entrusted to one of the mother’s friends, B. The mother was living at her friend’s place and could take care of the child. [ 9 ] On June 10, 2016, she decided to move to her sister’s house, C. At the same time, she withdrew from the agreement to entrust the child to B. [ 10 ] Another agreement was made to entrust the child to C and D. The mother was living there and in contact with the child daily. [ 11 ] On June 22, 2016, the mother informed the applicant that she was moving to Town B, where she had found an apartment.

In fact, the mother decided to live alone in her apartment instead of being with her child at her sister’s residence in Town C. [ 12 ] On July 12, 2016, the mother was at her sister’s place with the child and decided to leave, without authorization, for her apartment in Town B. The mother lied to the emergency social services and to the police when she said she was allowed to bring her baby to Town B. SECURITY AND DEVELOPMENT IN DANGER [ 13 ] The mother has a long history of substance abuse.

She stopped using after deciding to carry the pregnancy to term in March 2016. [ 14 ] The situation of the mother is very fragile. In the past, it was difficult for her to maintain the services and her sobriety. The mother has a tendency to minimize the facts. [ 15 ] The evidence shows that the mother has an instability problem. She admited being sometimes in Town C and sometimes in Town B. She left her friend’s residence, B, to go to her sister’s residence in Town C.

A few days later, she moved to Town B, in her apartment. [ 16 ] The mother made that decision, even if, by moving to Town B, she was more than one hour away from her child. It was clearly without consideration for the attachment bond she has to build with the baby. In fact, the mother gave priority to her own needs. [ 17 ] For the Court, there is a serious risk of neglect under

section 38 ( b )2 of the Youth Protection Act . The child is very vulnerable and with the instability of the mother and her history of neglect, the Court declares that the security and development are considered to be in danger. APPLICABLE MEASURES [ 18 ] The mother asked the Court to entrust the child to her. The applicant recommended that the child be entrusted to Ms. C and Mr.

D for a period of eight months, including gradual reintegration with the mother if the situation allows it. [ 19 ] The applicant believes that the mother needs support and guidance in order to put her child first and to nurture the attachment relationship.

She proposed that the frequency of contact should be stable and as often as possible. [ 20 ] For the Court, the mother will have to closely collaborate with the D.Y.P. worker and focus on her child’s needs if she wants to demonstrate that she makes all the efforts to correct the situation of risk of neglect that has been present for a few years. [ 21 ] The child will be with a family member, Mrs C, who is willing to help her sister and give her a chance to improve her situation.

The mother has some support from her environment; if she mobilizes herself and gives priority to her child, a reintegration of the child with her may be possible.

FOR THOSE REASONS, THE COURT: [ 22 ] GRANTS the application; [ 23 ] DECLARES that the security and development of the child X, born on [...], 2016, are in danger; [ 24 ] ENTRUSTS the child to C and D to the extent that they receive the foster family accreditation, that the child be entrusted to them as such, for a period of eight months, including gradual reintegration in the child’s maternal environment if the situation allows it, with periodic report to the Director of Youth Protection to inform him of their and X’s situation; [ 25 ] ORDERS that contact between the mother and the child be supervised by the Director of Youth protection in terms of frequency, modalities and the presence of a third party; [ 26 ] RECOMMENDS that contact between X and her mother be encouraged in order to develop the attachment bond; [ 27 ] ORDERS the mother to comply with the conditions imposed by the Court, notably by : − Advising the Director of Youth Protection of any relocation project at least 70 hours in advance; − Making sure the Director of Youth Protection is able to reach her and the child; [ 28 ] TAKES NOTICE of the authorization of the mother that unannounced visits be made at the domicile; [ 29 ] TAKES NOTICE of the mother’s consent to give the professionals involved in her situation the authorization to exchange

information with the Director of Youth Protection regarding attendance and the recommendations of the professionals; [ 30 ] RECOMMENDS that the mother receive services in order to maintain her sobriety; [ 31 ] RECOMMENDS that the mother be assessed by a psychologist for her parental capacity; [ 32 ] ENTRUSTS the child’s situation to the Director of Youth Protection for the execution of the present order. __________________________________ RENÉE LEMOINE J.C.Q. Mtre. Daniel Ouellette Attorney for the child Mtre. Julie Lemire Attorney for the applicant Ms. A Representing herself Date of hearing: August 2, 2016