2023 QCCQ 8678, 2023 QCCQ 8678

Protection de la jeunesse — 234424 2023 QCCQ 8678 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000791-233 DATE: June 7, 2023 ______________________________________________________________________ BY THE HONOURABLE YVES DESAULNIERS, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], in her quality of authorized person by the Director of youth Protection (“DYP”) of the CISSS A, Applicant and X, born on [...], 2022 Child and A B Parents/Respondents ______________________________________________________________________ JUDGMENT For protection ______________________________________________________________________ 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 9.2, 9.3 and 135 Youth Protection Act). [ 1 ] This judgment is the written and reasoned version of the judgment rendered orally on June 7, 2023. Overview [ 2 ] The DYP asks the Court to declare that the security or the development of the child is in danger according to

section 38 b) 2 of the Youth Protection Act. [ 3 ] The DYP asks the Court to entrust the child to her father, with social follow-up, until June 30, 2024. [ 4 ] The child was born while the mother was in rehabilitation for drug addiction in City A. [ 5 ] On November 9, 2022, the parties signed an agreement on voluntary measures entrusting the child to her mother. [ 6 ] The mother graduated from therapy by mid-April 2023.She left the rehabilitation Center with the child without announcing where she was going. [ 7 ] On April 28, the Court orders a warrant.

Then, the mother and the child were found by the police at Mr. C’s place (friend of the mother) [ 8 ] The mother agreed to surrender the child to the police and the child was entrusted to a foster family under Immediate Protective Measures. [ 9 ] The father has a bond with his daughter. Since the end of April, he has always been there to provide her with what she needed. He collaborates with the DYP. [ 10 ] The Court grants the application and entrusts the child to her father.

Analysis [ 11 ] Ms. [Social Worker 1] testifies at the hearing. For her, the father gave an excellent collaboration with the DYP. [ 12 ] The father is able to take care of his daughter. He provides her a safe and secure environment. The child is happy in the presence of the father. [ 13 ] The child is very vulnerable and needs a stable and secure environment. [ 14 ] The mother asked no update on the child since the beginning of May 2023. [ 15 ] The mother has a very big issue with her substance addiction problem. She has had involvement with the DYP since 2012, with other children.

Historically, when she gets close to getting her children back, she turns back to using again and goes back to being involved in unhealthy relationships. [ 16 ] The mother is absent at the hearing. [ 17 ] The evidence demonstrates that the security or the development of the child is in danger according to

section 38 b) 2 of the Youth Protection Act. The Court grants the application and orders to entrust the child to her father. FOR THESE REASONS, THE COURT [ 18 ] GRANTS the application for protection; [ 19 ] DECLARES that the security and development of the child are considered to be in danger according to

section 38 b) 2 of the Youth Protection Act; [ 20 ] ENTRUSTS the child to her father until June 30, 2024; [ 21 ] ORDERS that the contacts between the child and her mother be determined following an agreement between the parties and AUTHORIZES the DYP to supervise them; [ 22 ] RECOMMENDS to the parents to submit themselves to random drug testing; [ 23 ] RECOMMENDS that the mother involves herself in a follow-up for her personal difficulties; [ 24 ] ORDERS that the parents report at regular intervals to the Director of Youth Protection to inform of their current situation; [ 25 ] ORDERS that the child’s parents actively participate in the application of the measures ordered; [ 26 ] ORDERS that a person working for an organisation, or an institution provides help, advise and support to the child and her family until June 30, 2024; [ 27 ] ENTRUSTS the situation of the child to the Director of Youth Protection of the Centre intégré de santé et de services sociaux A for the carrying out of the present measures. [ 28 ] ORDERS that the parties concerned by this order comply with it.

Signed on July 28, 2023 YVES DESAULNIERS, J.C.Q. Me Mylène Pelletier-Rivet Contentieux- CISSS A On behalf of the applicant Me Béatrice Arsenault On behalf of the child Date of hearing: June 7, 2023