2020 QCCQ 7891, 2020 QCCQ 7891

Protection de la jeunesse — 203512 2020 QCCQ 7891 JM2174 COURT OF QUÉBEC YOUTH DIVISION CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] N° : 505-41-009740-194 DATE : July 21, 2020 ______________________________________________________________________ PRESIDED BY : THE HONORABLE NANCY MOREAU J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection Centre intégré de santé et de services sociaux A Applicant -and- X, born on [...], 2019 Child-respondent -and- A Mother-respondent -and- B Father-respondent ______________________________________________________________________ J U D G 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 contravenes this provision commits an offence and is liable to a fine. [Sections 11.2.1 and 135 Y.P.A .] [ 1 ] The Director of Youth Protection (the Director) asks the Court to declare that the security and development of X , born on [...], 2019, are in danger for neglect on health, physical and educational levels as well as psychological ill-treatment due to the child's exposure to parental conflict. [ 2 ] In her modified conclusions filed at the hearing, the Director recommends that the child be entrusted to her uncle, Mr.

C, that contacts with the parents take place in the presence of a third person and other measures for six months. [ 3 ] Note here that the investigation had to be postponed a few times, firstly because of the pandemic, then the unavailability of the mother's lawyer for illness and that the child had been entrusted to this uncle since November 18, 2019. [ 4 ] Regarding the conclusions sought, the mother is in agreement and makes no comment on the documentary evidence submitted.

[ 5 ] The father is present and represented. He is also in agreement with the measures sought. [ 6 ] The lawyer of the child agrees with the measures sought. She wants the Court to recommend that the parents to continue their psychological counseling. The context. [ 7 ] The situation of the child and the family is known to the Director since June 2019.

At that time, she retains a report for risk of neglect and psychological ill-treatment. [ 8 ] Following the assessment, the Director concludes that the child's security and development are in danger due to neglect on health, physical and educational levels. [ 9 ] More specifically, it appears that the parents have limited knowledge about the child's development, have difficulty decoding the child's needs and require assistance to ensure that those needs are met. [ 10 ] On September 19, 2019, in order to ensure that the child remains in the family environment, the parents acknowledge the situation of neglect (in all levels) and signed an agreement on voluntary measures. [ 11 ] It is expected that they will actively participate in programs such as [Program A] and [Program B] ([Program B]), that they ensure that the child is in a clean and adequate environment, that they stabilize their financial situation, and that the mother receives appropriate help regarding her mental health. [ 12 ] Few days later, on September 23, the police intervened in the home in a situation of domestic violence.

The father was released on conditions and the mother left no contact information. [ 13 ] In fact, the evidence shows that parents are consuming and that there is a lot of domestic conflict.

Some of them require police presence. [ 14 ] In the light of these developments, the Voluntary measures agreement is amended to add the following objectives: that the parents respect the no-contact order and develop their parenting skills. [ 15 ] As main measures, it is agreed that the child be entrusted to his father, provided the father resides with his mother, that mother/child contacts take place upon agreement between the parties as to the frequency, modalities and degree of supervision, and other measures until December 1, 2019. [ 16 ] On 31 October, the Director was informed that the mother had been living with the father for three weeks.

He is aware that the agreement provides for supervised contact at that time, but mentions that the mother is supervised if she has the baby. [ 17 ] That same day, the father recognizes the existence of conflicts and consumption. The couple admit the use of cannabis, the father of hard drugs (especially before the birth of the child), and the mother denies this use since maternity. [ 18 ] Both parents downplay the seriousness of the incidents. [ 19 ] The mother presents weaknesses from a mental health point of view. She mentions having difficulties as well as a disorder related to anxiety and depression.

The CLSC refers to borderline personality disorder. [ 20 ] The mother has difficulty managing her emotions. She feels easily persecuted and reacts impulsively. Her use of substance affects her parenting abilities. A reference to Adult mental health from the CLSC was made. [ 21 ] Concerning the father, he has attention deficit hyperactivity disorder with impulsivity. [ 22 ] The parents are not participating as planned in the [Program A], nor in [Program B]. [ 23 ] Comments and/or attempts by the paternal grandmother to ensure adequate stimulation of the child are useless since the parents react.

Note that the grandmother and the mother have a conflictual relationship. [ 24 ] In this context, the grandmother worries about the parenting capacities of the parents and the many conflicts. For her, there is clearly a lack of routine and stimulation. [ 25 ] During various home visits, the Director notes that the condition of the premises is in a dire state, even completely inadequate for a child. [ 26 ] Also on various occasions, it is observed that the child is hungry, that the parents do not give him enough formula.

The mother will later make a link between the cost of milk and the couple's financial insecurity. [ 27 ] The evidence also shows that the child does not have access to a family doctor and that no request has been made for one. Also, the medical staff have no contact details to reach the parents. [ 28 ] On November 4, 2019, the parents agree that the child be placed in foster care. An immediate protective measure is applied. [ 29 ] On November 13, the Director presented an application for interim measures. The investigation continued on November 18.

On that date, the Court ordered that the child be entrusted to his paternal uncle, Mr. C. [ 30 ] Regarding visits with the child, the evidence shows that parents missed a large percentage of visits, almost three-quarters. They

were more concerned with their personal situation, were unstable and lacked organization. [ 31 ] Also on numerous occasions, the Director repeatedly begged them to be present for their son. She informed them of the importance of being present if they want to establish a bond of attachment, informed on the emergency for them to mobilize if they want to take the child back. She thinks they understand. [ 32 ] Despite this, the evidence reveals a lack of investment in the child, unresolved personal difficulties and instability.

Since May, they have become a little more involved. [ 33 ] The child reacts well during visits. [ 34 ] In the uncle's home, the child develops positively and becomes attached to her caregiver. A doctor was found at the Clinique A. [ 35 ] Considering the facts and the timeframe for the placement, it is important that parents make major changes quickly, that they invest in improving their parenting capacities and get involved in their personal difficulties (mental health). The support of the Director might be necessary to guide the parents in their efforts.

FOR THESE REASONS, THE COURT: [ 36 ] GRANTS the application; [ 37 ] DECLARES that the security and the development of the child X are in danger for the following reasons : neglect of basic physical needs, neglect of health care, neglect on educational level and psychological ill-treatment; [ 38 ] ORDERS that the child be entrusted to his paternal uncle, Mr.

C; [ 39 ] ORDERS that the contacts between the child and his parents be following agreement between the parties and in the presence of a third party chosen by the Director; [ 40 ] ORDERS that the parents reports periodically to the Director of Youth Protection on the measures they apply in their own regard or their child’s regard to put an end to the situation that puts the security and the development of the child in danger; [ 41 ] ORDERS that the parents take an active

part in the application of the measures ordered; [ 42 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 43 ] RECOMMENDS that each parent continue their psychological follow-up; [ 44 ] ORDERS that the child receive the health care and services required by his situation, namely a pediatric follow-up; [ 45 ] ENTRUSTS the situation of the child X to the Director of Youth Protection du Centre intégré de santé et de services sociaux A for the execution of the measures; [ 46 ] THE WHOLE for a period of six months. ______________________________ Nancy Moreau, J.C.Q.

M e Caterine Caron Attorney for the D.Y.P M e Myriam Couillard Attorney for the child M e Nancy Côté Attorney for the father Date of hearing: July 21, 2020 Date of signature : August 3, 2020