2018 QCCQ 16770, 2018 QCCQ 16770

Protection de la jeunesse — 187887 2018 QCCQ 16770 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” N° : 525-41-033642-182 DATE : September 7, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2017 child and A B parents ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act (R.S.Q. c. P-34.1) ______________________________________________________________________ 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 liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on September 7, 2018. [ 2 ] The Director of Youth Protection (the Director) alleges that the child’s security or development is compromised as there is a serious risk that the parents are not providing for the child’s basic needs. [ 3 ] Today, the Director recommends that the child remain entrusted to her mother and that support measures be ordered until May 29, 2019. [ 4 ] The mother and the child’s attorney agree with the proposed plan. [ 5 ] The father is absent, but was duly notified.

Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 7 ] The parents are separated and the child lives with the mother. [ 8 ] The mother has a longstanding history of excessive substance abuse. She has two older children, from a previous relationship, who are placed in foster care until their age of majority. [ 9 ] The mother acknowledges that during her pregnancy, until she found out that she was pregnant, she consumed marijuana, cocaine and alcohol on a daily basis.

She reports having stop all drug use since. [ 10 ] On October 21, 2017, police intervened at the mother’s residence in relation to a potential suicide attempt. The mother fell from her balcony onto a car. The mother reports that it was not a suicide attempt but that she was intoxicated and slipped.

[ 11 ] On October 23, 2017, the mother signed a provisional agreement stating that she would refrain from consuming any illicit substance and that she would seek supportive services. [ 12 ] The mother has refrain from drinking. On April 24, 2018, she informed the youth protection worker that she’s awaiting a confirmation to enter a five-week workshop with [the Clinic A]. On July 26, 2018, she began sessions at the [Clinic A]. [ 13 ] The mother receives support from the maternal grandparents. [ 14 ] The father has not collaborated with the Director.

During the evaluation and orientation phases, the youth protection worker was unable to speak to him. The mother has not seen the father for a very long time. She does not intend to maintain a relationship with him. [ 15 ] The child appears healthy and is meeting all of her developmental milestones. [ 16 ] The mother recognizes her addiction and has taken steps to correct the situation. Given the severity and chronicity of her past substances abuse, the Director’s intervention remains necessary.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 17 ] GRANTS the application; [ 18 ] DECLARES that the security or the development of the child is endangered (

section 38 b) 2 o of the Youth Protection Act ); [ 19 ] RECOMMENDS that the mother continue her rehabilitation treatment for her drug and alcohol use; [ 20 ] RECOMMENDS that the mother receive any necessary counseling recommended by health professionals from the rehabilitation treatment program, if appropriate; [ 21 ] RECOMMENDS that the mother engage in a parenting program/activity to develop skills that can aid her in ensuring that the child continues to be cared for appropriately; [ 22 ] AUTHORIZE the Director to receive and share information with regards to the mother and the child with the service providers; [ 23 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 24 ] THE WHOLE until May 29, 2019; [ 25 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Written and signed on September 17, 2018 /cd Mtre Isabelle Loranger Counsel for the Director of Youth Protection Mtre Valérie Lafortune Counsel for the child Mtre Marc Morin Counsel for the mother Date of hearing: September 7, 2018