2018 QCCQ 20772, 2018 QCCQ 20772

Protection de la jeunesse — 1811584 2018 QCCQ 20772 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] LOCALITY OF […] « Youth Court Division » N°: 525-41-0 34282-186 Date: October 1, 2018 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 2018 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT

Section 38 of the Youth Protection Act (L.R.Q., c. P-34.1 ) 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 Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of October 1, 2018, in accordance with

section 90 of the Youth Protection Act [1] . [ 2 ] The written judgement was only issued on April 2, 2019, upon receipt of the child’s birth certificate forwarded on April 1, 2019. [ 3 ] The Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A filed an Application to declare that the security or development of a child is in danger in the case of X , a two and half month-old child, based on the serious risk of neglect to which she is exposed. [ 4 ] The facts alleged in support of the application dated July 31, 2018 are as follows: 3.1. there is a serious risk that the parents do not meet the child’s basic needs with respect to food, clothing, hygiene or lodging, taking into account their resources more particularly but not restrictively in that:

a) the mother has two other children who were followed by the Director of Youth Protection due to her substance abuse who were ultimately declared eligible for adoption;

b) the parents have longstanding issues related to alcohol abuse;

c) the parents admit to consuming alcohol daily and often to the point of intoxication;

d) when intoxicated, the parents regularly are involved in altercations that lead to conjugal violence;

e) the father presently has criminal conditions to have no contact with the mother related to conjugal violence;

f) on […], 2018, the mother was found by the police intoxicated, she was brought to the hospital, where they induced her pregnancy;

g) the child was born with bradycardia (slow heart rate) and then had episodes of desaturation;

h) the mother admits to having consumed alcohol daily during her pregnancy and to have used speed on two occasions;

i) the mother did not receive any prenatal care;

j) the parents admit that they are not in a position to parent the child due to their substance abuse issues;

k) the parents are open to collaborate with service providers (reproduced with errors and/or omissions). [ 5 ] In light of the foregoing, the Director recommends that the child be entrusted to foster care for a period of ten months and thereafter that she be entrusted to her father, with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 6 ] The mother was absent at the hearing and her current whereabouts are unknown. However, both the father and the worker testified that she had been made aware of the hearing date.

Consequently, the Court proceeded in her absence. [ 7 ] The father, who chose to proceed without the assistance of legal counsel, admitted all the facts alleged in support of the application, confirmed the accuracy of all the information in the Court Report and consented to the proposed measures. [ 8 ] Me Tremblay, on behalf of the child, made no admissions but approved of the measures proposed by the Director of Youth Protection. [ 9 ] The Director filed Exhibits D-1 to D-3 as evidence: D-1: Copy of the child’s Birth Certificate (issued on March 25, 2019 and forwarded on April 1, 2019); D-2: En liasse: judgments in file no. 525-41-029800-158; D-3: Court Report, signed by [social worker 2], dated September 21, 2018. [ 10 ] In

summary, the uncontradicted evidence clearly establishes that neither parent is in a position to care for their daughter. [ 11 ] The mother has a long history of substance abuse and she continued to drink heavily throughout her pregrnancy. [ 12 ] As described in the Court Report , the child was placed in foster care on July 30, 2018 under immediate protective measures, upon being discharged from the hospital, approximately six weeks after her birth. [ 13 ] The mother has made no attempt to have any contact with the child and the worker’s repeated efforts to communicate and meet with her have been mostly unsuccessful.

The worker was only able to meet with the mother on August 28, 2018. Her intentions regarding her daughter’s future are unknown. [ 14 ] As for the father, he is currently detained and intends to complete an in-patient treatment program as soon as possible. He has admittedly struggled with alcohol abuse since his early twenties and has not been able to remain sober for more than two to three months.

However, he appears to be determined to seek treatment and to take all the necessary steps to fully assume his parental responsibilities. [ 15 ] He also claims to be aware of the health risks to his daughter as a result of the mother’s drug and alcohol abuse during the pregnancy. [ 16 ] The Director of Youth Protection’s stated goal is to provide the father with the necessary support to help him build a strong bond with his daughter so that she may be entrusted to his care. [ 17 ] The father is strongly encouraged to follow through with his stated intentions, to complete his therapy, remain abstinent and develop the parenting skills necessary to meet his daughter’s needs. [ 18 ] He is also informed that his daughter cannot wait indefinitely, under uncertain circumstances, for him to redress the situation. [ 19 ] As provided at

article 91.1 of the Youth Protection Act : If the tribunal orders a foster care measure under subparagraph j of the first paragraph of

section 91, the total period of the foster care may not exceed (a) 12 months if the child is under two years of age on the date the order is made , (b) 18 months if the child is from two to five years of age on the date the order is made, or (c) 24 months if the child is six years of age or over on the date the order is made. When determining the duration of foster care, the tribunal must take into account the duration of any foster care measure applied to the same situation in an agreement on voluntary measures referred to in subparagraph j of the first paragraph of

section 54, as well as the duration of any prior foster care measure it ordered under the first paragraph. It may also take into account any prior period during which the child was placed or provided with foster care under this Act. If the security or development of the child is still in danger at the expiry of the periods specified in the first paragraph, the tribunal must make an order aimed at ensuring continuity of care, stable relationships and stable living conditions corresponding to the child's needs and age on a permanent basis .

However, the tribunal may disregard the periods specified in the first paragraph if it is expected that the child will be returned to his family in the short term, if the interest of the child requires it or for serious reasons, such as failure to provide the services agreed upon. At any time during a period specified in the first paragraph, if the security or development of the child is still in danger, the tribunal may

make an order aimed at ensuring continuity of care, stable relationships and stable living conditions corresponding to the child's needs and age on a permanent basis (emphasis added). [ 20 ] Consequently, given the evidence, the Court is satisfied that the application is well-founded and that the measures are in the child's interest. THEREFORE, THE COURT: [ 21 ] GRANTS the application; [ 22 ] DECLARES that the security and the development of the child, X , are in danger under

section 38 (b) (2) of the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD 'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 23 ] ORDERS that the child remain entrusted to foster care for a period of ten months and thereafter that she be entrusted to her father; [ 24 ] STRONGLY RECOMMENDS that the father seek treatment for his alcohol abuse TAKING JUDICIAL NOTICE that he expects to remain detained until around October 17 th and will then be attending an in-patient treatment program which is expected to last a total of three months, with the possibility for him to leave the treatment center every third weekend after the first six weeks; [ 25 ] RECOMMENDS that the parents undergo random drug and alcohol testing upon the Director of Youth Protection’s request; [ 26 ] ORDERS the parents not to be under the influence of drugs or alcohol under any circumstances in the child’s presence; [ 27 ] ORDERS that the Director of Youth Protection be authorized to exchange and obtain relevant information regarding participation and attendance with the parents’ treating professionals as well as information regarding the child’s medical needs; [ 28 ] ORDERS that the frequency and modality of contacts between the child and her mother be determined by the Director of Youth Protection, including supervision if deemed necessary; [ 29 ] ORDERS that the frequency and modality of contacts between the child and her father be determined by the Director of Youth Protection, including supervision if deemed necessary TAKING JUDICIAL NOTICE that contacts will be encouraged as much as possible and will begin to occur as soon as the father is permitted outings from his in-patient treatment program and RECOMMENDS that the father be as consistent with the visits as possible; [ 30 ] STRONGLY RECOMMENDS that the parents participate in parenting classes TAKING JUDUCIAL NOTICE of the father’s undertaking to do so; [ 31 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform them of their current situation; [ 32 ] ORDERS that the child benefit from all healthcare services required by her condition, more particularly if needed in relation to her premature birth (at 36 weeks) and exposure to drugs/alcohol in utero; [ 33 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the child and her family; [ 34 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out; [ 35 ] THE WHOLE for a period of one year.

Signed on April 2, 2019 TAYA DI PIETRO, Q.C.J. Me Isabelle F. Loranger Attorney for the Director of Youth Protection Me Sandra Tremblay Attorney for the child

TD/vl