2018 QCCQ 18207, 2018 QCCQ 18207

Protection de la jeunesse — 189035 2018 QCCQ 18207 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT […] TOWN […] Youth Division File number: 145-41-000598-182 DATE: November 7, 2018 ______________________________________________________________________ BY THE HONOURABLE DENIS PARADIS, C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION , Petitioner -and- X born on […], 2017 Child -and- A -and- 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 ] A petition for protection purpose in respect of X, born on […], 2017, is referred to the Court by the Director of youth protection pursuant to

section 38 of the Youth protection Act. The petitioner asks that the child be entrusted to her paternal grandmother. [ 2 ] X has a sister, Y, born on […], 2015. The parties suggests to held a common hearing. [ 3 ] At the hearing, both parents, Mr. A and Mrs.

B, are present and assisted by their respective lawyer, who accepts the recommendations of the director of youth protection, even if the mother denies some allegations at the petition. [ 4 ] Also, they consent of exhibits D-2 at D-6 submitted for the testimony of author (psychosocial assessment, report of observations and interventions of external rehabilitation services, and drug tests results for the parents). [ 5 ] The family moved from province A in 2017. Serious risk of neglect, due to the parent’s addiction problem, is the main issue in this case.

Mrs. [social worker 1] writes in her report: “ The situation of the parents has remained problematic and unstable. The impacts on the children, especially concerning Y, has remained palpable [1] ”. [ 6 ] Mrs. [social worker 1] testifies that it is important to set aside the conflict with the grandmother. Both parents she says are more collaborator since a couple months. [ 7 ] The mother, Mrs. B, explains this Court that the conflict with the father is over. It’s not perfect but it's better, she adds.

She appreciate that the grandmother takes care of children. “ Forget the past and get the future ”, she says. [ 8 ] In the same way, she has started to recognize her faults and responsabilities in the situation of endangerment. [ 9 ] The parents are waiting for an appointment with a social worker at the CLSC. [ 10 ] Mrs. [social worker 1] writes also that “ the observations confirm the potential of the parents to fulfill their daughters’ needs during a short period of time.

In fact, when the parents were in good shape, they were able to provide appropriate structure and surveillance to their children [2] . ” [ 11 ] Considering the exhibits and the position of the parties, the Court grants the petition in the sense of the recommendations of the director of youth protection. WHEREFORE, THE COURT : [ 12 ] GRANTS the petition for protection;

[ 13 ] DECLARES that the security and development of X are considered to be in danger according to

section 38 of the Youth Protection Act ; [ 14 ] ORDERS that X be entrusted to her paternal grandmother, Mrs.

C, until November 30, 2019; [ 15 ] ORDERS to the parents/child contacts take place under an agreement between the parties and AUTHORIZES the Director of youth protection to supervise the contacts, if deemed necessary; [ 16 ] ORDERS that the parents actively participate in the measures ordered to put an end to the situation of endangerment; [ 17 ] ORDERS that the parents and the child benefit from the services of an external educator, as long as deemed necessary by the DYP; [ 18 ] RECOMMENDS that the parents submit themselves to random urine drug screening tests; [ 19 ] RECOMMENDS that the parents submit themselves to a psychological assessment; [ 20 ] RECOMMENDS that the parents engage in a follow-up in connection with their personal difficulties, including a drug addictions follow-up; [ 21 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and her family until November 30, 2019; [ 22 ] 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 measures. __________________________________ DENIS PARADIS, J.C.Q.

Me Louyse A. Lemieux for the petitioner Me Ariane Cayer for the child Me Isabelle Gagnon for the mother Me Annie Dupuis for the father Date of hearing: November 7, 2018