2018 QCCQ 13625, 2018 QCCQ 13625

Protection de la jeunesse — 183964 2018 QCCQ 13625 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 565-41-000304-184 DATE: June 21, 2018 ______________________________________________________________________ BY THE HONOURABLE VALMONT BEAULIEU, J.Q.C. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF OUTAOUAIS Petitioner and X Child A B In their capacity as parents ______________________________________________________________________ JUDGMENT (sections 38 and 75, Youth Protection Act ) ______________________________________________________________________ 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 ] On February 23 rd 2018 a report was retained by the Director of Youth Protection (the Director) for negligence on the education plan, inappropriate behaviour on the mother’s part. [ 2 ] The mother has a borderline personality disorder and is not receiving any services. [ 3 ] It was stated that the mother received youngsters that would be hanging out at her place and consuming drugs. [ 4 ] Also the parents do not have a custody agreement; therefore the father does agree to contacts to avoid any conflict with the mother. [ 5 ] On March 2018 a home visit was conducted whereas the child was visiting his mother.

The home had strong marijuana odor and the house was full of youths, X was sitting on a mattress on the floor being fed poutine by one of the youths. [ 6 ] The mother was visibly under the influence of marijuana and admitted to it. [ 7 ] She agreed to meet with the social worker at her office the following day. [ 8 ] Mrs. Gagnon rescheduled the meeting four (4) times because the mother did not come as planned. [ 9 ] When she met the mother, she admitted that she was going down a bad path and had been consuming a lot.

Also she admitted to having youths in her home and they consumed at her place. [ 10 ] Also it was stated that she has a follow-up with a social worker from the CLSC. She closed the file because the mother is never home for the scheduled appointments.

[ 11 ] X goes to a daycare center but does not attend on a regular basis. The social worker was informed that a lot of different people would pick up the child at the daycare and that this causes X a lot of stress. [ 12 ] Now it is stating by X’s educator that the child is a lot more stable in his mood since he is living fulltime with the father. [ 13 ] In the month of May, the mother was hospitalized because of a drug and alcohol overdose.

She did try to commit suicide. [ 14 ] Since then she has moved and has not contacted the social worker. [ 15 ] The mother has since started to use drugs and alcohol again and has an unstable lifestyle. She is living in City A but Mrs. [Social Worker 1] does not know her address. [ 16 ] On the third of May 2018, judge Ruth Veillet entrusted the child to Mrs.

C. [ 17 ] Today, for the hearing, the father is present, not the mother. [ 18 ] The Court report - Youth Chamber of Québec written by Mrs. [Social Worker 1], A Services Worker, is deposited as evidence (D-2). [ 19 ] It is very clear that both those parents love their child. [ 20 ] The father has the capacity to offer X the stability and structure. [ 21 ] He agrees with the intervention of the Director and understands the presence of a social worker in his life. [ 22 ] He is happy to have X with him fulltime and to know his son will be safe with him. [ 23 ] Also, the father is aware of the mother’s issues and does protect his son. [ 24 ] Considering X’s vulnerability and his issues with his developmental delays, it is very important to note that the mother was not assuring a follow-up for the child. [ 25 ] The mother needs to work on her consumption issues and her mental health issues. [ 26 ] X needs structure and stability with a very attentive parent that will help him progress. [ 27 ] FOR ALL THESE CONSIDERATIONS, THE COURT: [ 28 ] GRANTS the motion; [ 29 ] DECLARES that the security or the development of the child is in danger; [ 30 ] ENTRUSTS the child X to the father, Mr.

B; [ 31 ] ORDERS that the visits between the child and his mother be according to an agreement between the parties; [ 32 ] ORDERS that the visits between the child and the mother be supervised and ALLOWS the Director of Youth Protection to raise the supervision if the mother is sober and follows the recommendations of the social worker; [ 33 ] ORDERS that the child receive the necessary care; [ 34 ] ORDERS that the parents take an active

part in the redaction and application of the measures regarding the intervention plan; [ 35 ] RECOMMANDS services for consumption issues for the mother; [ 36 ] RECOMMANDS services for mental health issues for the mother; [ 37 ] ORDERS that a person working for the CISSS[A] provide aid, counsel and assistance to the child and his family for a period of one (1) year; [ 38 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection who shall then see that the measures are carried out; [ 39 ] ORDERS the execution of the judgment by a peace officer. __________________________________ VALMONT BEAULIEU, J.Q.C. Mtre. Sandra Couture Counsel for the Director of Youth Protection

Mtre. Annie-Claude Pagé Counsel for the child Mtre. Louis-André Hubert Counsel for the father Date of hearing: June 21, 2018