2019 QCCQ 19353, 2019 QCCQ 19353

Protection de la jeunesse — 198187 2019 QCCQ 19353 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] “Youth Division” No.: 652-41-000014-185 DATE: October 2, 2019 IN THE PRESENCE OF THE HONOURABLE LOUISE GALLANT, J.Q.C. In the case of: X Child and [SOCIAL WORKER 1] Person authorized by the Director of Youth Protection Applicant and A Mother and B Father JUDGMENT WARNING: The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified.

Every person who contravenes this provision is guilty of an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Court hereby confirms and gives reasons in writing for the decision rendered from the bench on October 2, 2019, on an application for review and extension of the measures regarding Y (3 ½ years old), Z (8 years old), C (5 years old) and X (9 years old) . [ 2 ] On October 3, 2018, the Court ordered various measures which, among other things, maintain the children with their parents, require the parents to collaborate with the Director of Youth Protection, in particular requiring the mother to undergo addiction and psychological follow-up care, order the mother to be sober in the presence of her children and allow the exchange of information between the professionals working with the parents and the children; [ 3 ] The relationship between the parents is riddled by conflict and domestic violence and punctuated by breakups and the resumption of cohabitation. [ 4 ] The mother acknowledges using cannabis and alcohol every week. [ 5 ] When the mother cannot take care of her child, she is with family members.

She has not had any suicidal behavior since the last order. When she is sober, she can respond well to her child’s needs. [ 6 ] The mother has difficulties collaborating with the Director of Youth Protection. [ 7 ] X is a 9-year-old child who presents no apparent problems. She is playful, curious and endearing. She has many friends and is sociable. She attends School A. She passed second grade and began third grade. She presents some behavioural difficulties, but nothing major. In addition, although her mother tongue is A, she understands and speaks English very well. She spends little time at home.

She is often with her great-grandparents, Mr. D and Ms. E. She sleeps there most of the time. [ 8 ] The Court concludes that the children’s security and development remain in danger because there is a serious risk of neglect (addiction problems and instability of the mother), and the children are neglected in regard to their educational needs because of the failure to respect babysitting times.

[ 9 ] The application, to which the parties consent, is in the best interest of the children, and therefore should be granted.

FOR THESE REASONS, THE COURT: GRANTS the present application; REVIEWS and EXTENDS the last order; DECLARES that the security and the development of the child remain in danger; maintainS the child with her mother; ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child and the child’s family for a period of six months; ORDERS the parents to participate with the Director of Youth Protection and especially the mother to become involved in in addiction follow-up care and psychological follow-up care; ORDERS the mother to be sober in the presence of her child; ALLOWS the exchange of information between the professionals who are working with the parents and the child; ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order.

LOUISE GALLANT, J.Q.C. Mtre Lyne Monger Attorney for Youth Protection Mtre Chantal Gaudreau Attorney for the child Date of hearing: October 2, 2019