2018 QCCQ 8822, 2018 QCCQ 8822

Protection de la jeunesse — 186430 2018 QCCQ 8822 JD3388 COUR DU QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] «Youth Division» N° : 505-41-009085-186 DATE : July, 9th 2018 ______________________________________________________________________ PRESIDED BY : THE HONORABLE CHRISTEL D’AUTEUIL-JOBIN J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker duly authorized by the Director of Youth Protection of le Centre jeunesse A, Applicant -and- X, born on [...] 2013 Child -and- A Mother -and- B Father -and- C Maternal grandmother-Party ______________________________________________________________________ J U D G E M E N T

Section 38 of the 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 contrevenes this provision commits an offence and is liable to a fine. [Section 11.2.1 and 135 Y.P.A .] [ 1 ] The Director of Youth Protection (the Director) petitions the Court with a Motion for Protection, according to

Section 38 of the Youth Protection Act , in the matter of the child X, born on [...] 2013. [ 2 ] The security and development of the child is considered in danger for the following grounds: • Serious risk of neglect • Psychological ill-treatment

[ 3 ] The Director recommends, as key measures, that the child be entrusted to his father and his maternal grandmother on a five (5) day rotation and a social follow up for a period of six (6) months. [ 4 ] An application by the maternal grandmother, C, to be recognized as a party according to

section 81 of the Youth Protection Act was also presented and granted. [ 5 ] Both parents are present and agree with the declaration of compromission and with the measures as recommended. They also agree with the application presented by the maternal grandmother. [ 6 ] The lawyer for the child is acting under a legal mandate. He ignores the allegations contained in the motion. He consents, in the interest of the child, to the measures sought by the Director and to the application made by the grandmother. [ 7 ] The grandmother, after being declared party, admits the allegations contained in the motion.

She consents to the measures sought by the Director. Context [ 8 ] The child was born with a severe birth defect of the abdominal wall called gastroschisis. He was hospitalized for the first year of his life. [ 9 ] Three months after the child’s birth, the mother suffered from post-partum depression and the relationship between the parents became very strained, to a point that they separated. The mother was also struggling with drinking and drug issues. [ 10 ] In August 2014, the mother was arrested and detained with accusations related to drinking and driving and drug trafficking.

Provisional measures by the Court were ordered on August 25 th of 2014, entrusting the child to both parents but ordering that the maternal grandmother be present when the child was in the mother’s care. [ 11 ] The DPY remained involved with the family since then. [ 12 ] The father also had drinking problems for which he entered a treatment facility. He claims he has been sober for two years.

Situation and Analysis [ 13 ] On May 25 th 2018, the mother was arrested and accused of numerous criminal charges for being suspected in a drive by shooting in the community A. [ 14 ] Although the child was not in the vehicle, the situation of the mother appeared dysfunctional and the father took charge of the child. [ 15 ] When the DYP met with the mother, she appeared to be in a very poor physical condition, was unkempt and physically presented with minor tremors. [ 16 ] Provisional measures were ordered last May 28 th , entrusting the child to his father and that the contacts between the child and his mother be following agreement between the parties in the presence of a third party chosen by the Director. [ 17 ] The mother has a history of drug abuse, cocaine more specifically.

She pretends not using cocaine anymore, neither does she abuse alcohol, but she admits being dependant of painkillers and opioids. She is thinking of going for an outpatient treatment, but has made no attempt in that direction as of yet. [ 18 ] The maternal grandmother has been present in the child’s life since he was born. She was also part of all the follow-up needed for his medical condition.

She noticed that her daughter was less involved with the child during the past weeks, but claims of being unaware if she is still struggling with drug issues. [ 19 ] Also, the child made certain comments to the effect that his mother would go to jail and that he would have to live with his father.

Evidence clearly show that the child was put in a conflict of loyalty. [ 20 ] The father and the maternal grandmother are now able to seek and work as a team for the child’s benefit and in his superior interest. [ 21 ] After having received the admissions and taken the report produced into consideration, the Court concludes that the security and the development of the child are in danger and that the situation gives rise to the measures sought.

FOR THESE REASONS, THE COURT: [ 22 ] GRANTS the present application; [ 23 ] DECLARES that the security and the development of the child X are in danger for the following reasons :

• 38b)2)i) : serious risk of neglect; • 38c) : psychological ill-treatment. [ 24 ] ORDERS that the child be entrusted to his father and his maternal grand-mother, Mrs C.

The child with the grandmother from Friday 5 :00 PM to Monday 5 :00 PM with father from Monday 5 :00 PM to Friday 5 :00 PM and on condition that the mother does not reside with Mrs C while she has X in her care; [ 25 ] TAKES ACT that the parties will come up with an agreement for special days, and events such as holiday, birthdays, vacations; [ 26 ] ORDERS that the contacts between the child and his mother be following agreement between the parties and under the supervision of Mrs C ; [ 27 ] TAKES ACT that the mother must not be under the influence of any mind altering substances during the contacts with her child; [ 28 ] RECOMMENDS that the mother undergo and addiction assessment and a psychological assessment and follow recommendations; [ 29 ] ORDERS that the parents refrain from denigrating each other in and out of X ’s presence, and from discussing Mrs A’s criminal situation to the child; [ 30 ] ORDERS that the parents of the child take an active

part in the application of the measures ordered; [ 31 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 32 ] ORDERS that the child’s parents report in person at regular intervals to the Director of Youth Protection to inform her of the current situation; [ 33 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the present judgment; [ 34 ] THE WHOLE for a period of 6 months. ________________________________ CHRISTEL D’AUTEUIL-JOBIN, J.C.Q.

M e Isabelle Lyonnais Attorney for the Director M e Charlotte Vanier-Perras Attorney for the child M e Lucie Gaucher Attorney for the mother M e Kathleen O’Meara Attorney for the father M e Stéphane L’Écuyer Attorney for the grandmother Date of the hearing : July, 9th 2018