2022 QCCQ 2892, 2022 QCCQ 2892

Protection de la jeunesse — 22126 2022 QCCQ 2892 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division »

No: 145-41-000719-218 DATE: January 25, 2022 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2018 Child -and- A 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 are in danger because of a situation of neglect in the maternal environment. There is a serious risk that the mother is not providing for her child’s basic needs. [ 2 ] At the hearing, only the mother is present and duly represented. [ 3 ] Initially the DYP intervened in this family because of concerns regarding addiction and neglect.

In September 2021 an emergency measure is applied entrusting the child to a foster family which was extended until December 9, 2021. [ 4 ] The mother did not have an easy life and suffered numerous traumas. As a child she was herself exposed to alcoholism, drug use, conjugal violence, physical and sexual abuse. She was also entrusted to foster homes outside her community. The latter has two other, almost adult, children who live with their father in another province. [ 5 ] The mother struggles with an alcohol addiction for which she got some help.

Even with these difficulties, she managed to graduate from university. The latter has struggled with depression throughout her life and was even hospitalized at some point, leading to the removal of her children. At the time she sought medical attention and was medicated. She was sober for many years but since the pandemic she started using again and lost her job. [ 6 ] Regarding the father, at first, he was not pleased to speak with the social worker. He also suffers from a drug addiction.

Some exchanges and a visit occurred between the parents, but since mid-November 2021 the father has not attempted to contact the DYP. [ 7 ] The child is 3 years old and is developing normally. He attends daycare and he is doing well. The mother has a close relationship with her son who has a hard time to leave when visitation time is over. [ 8 ] The mother is well aware of her issues and takes all the necessary measures to ensure the safety of her child as well as her own.

As mentioned by the social worker in her report [1] , “ the mother has the capacity to maintain healthy lifestyle choices when she is not involved with drugs and alcohol .” She collaborates well with the DYP and admits that she needs support and help. She is implicating herself in professional follow-ups and she is doing well. [ 9 ] The evidence demonstrates that the security and development of the child are in danger. Considering the evidence, the admissions and the consents regarding the recommendations of the DYP, the application is well founded.

Furthermore, the measures suggested by the DYP appear to be in the child’s best interest.

FOR THESE REASONS AND THOSE EXPRESSED VERBALLY AT THE HEARING, THE COURT: [ 10 ] GRANTS the application for protection; [ 11 ] DECLARES that the security and development of X is considered to be in danger according to

section 38b)2 o of the Youth protection act ; [ 12 ] ORDERS that the child be entrusted to his mother; [ 13 ] ORDERS that contact between the child and his father be determined according to an agreement between the parties and AUTHORIZES the DYP to supervise them; [ 14 ] RECOMMENDS the parents to engage themselves in a follow-up with an addictions counselor including treatments, if deemed necessary; [ 15 ] RECOMMENDS the parents to engage in psychological counselling to help deal with their personal issues; [ 16 ] ORDERS that the child’s parents actively participate in the application of the measures ordered; [ 17 ] ORDERS that a person working for an institution or an organization provide aid, counselling or assistance to the child and his family, until July 30, 2022; [ 18 ] 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; [ 19 ] ORDERS that the parties concerned by this judgment to comply with it. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Jules Grenier for the child Me Alexis Deschênes for the mother Mr. B the father (absent) Written judgment filed on January 26, 2022.