2019 QCCQ 18902, 2019 QCCQ 18902

Protection de la jeunesse — 196908 2019 QCCQ 18902 COURT OF QUEBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division No: 450-41-007141-196 DATE: September 24, 2019 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF: X Born on […], 2019 [SOCIAL WORKER 1] AND [SOCIAL WORKER 2] , person duly authorized by the Director of Youth Protection of CIUSSS A; Applicant v.

A The mother -and- B The father ______________________________________________________________________ JUDGMENT [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.).

Introduction [ 1 ] The Director is requesting that the security and development of X be declared in danger for the motive of serious risk of neglect. [ 2 ] Today, the DYP recommends that the Court entrust the child to his mother, taking notice that she lives with the maternal grandparents with X, to prohibit direct or indirect contact between the child and his father, as well as various other measures and a social follow-up, the whole for a period of six months. [ 3 ] The mother is present and represented by a lawyer.

She agrees with the proposed measures. [ 4 ] The father is also present although not represented by a lawyer. He is also in agreement with the measures. [ 5 ] The child’s lawyer agrees that the recommendations are in the X’s best interest. The situation of compromission [ 6 ] X is the first born child of his parents. [ 7 ] His situation was signalled to the Director from his birth, on […] 2019. [ 8 ] He was born with withdrawal symptoms such as tremors, and tested positive for THC.

He also shows a lack of muscular tonus that could be linked to intra uterine exposition to drugs. [ 9 ] Both parents have significant drug problems. [ 10 ] The mother has been using drugs since she was a teenager. She had been consuming speed for two years and then stopped on her own.

That is when she became pregnant with X. [ 11 ] Her drug use has led her to two depressions following toxic psychosis. [ 12 ] The mother has been receiving help from a nurse and a social worker from [Program A] of the CLSC during her pregnancy. [ 13 ] Although being warned of the negative effect of her drug consumption on her unborn child, she continued to use marijuana and also smoked cigarettes although she did use less of both.

[ 14 ] The father has been using drugs for many years as well. [ 15 ] The father admits to using crystal meth, amphetamines and crack. He has stopped using hard drugs two years ago after an overdose. He still uses marijuana on a regular basis and can sometimes slip and use a stronger drug. [ 16 ] The father also has mental health issues. He admits to having an unstable mental state and suffering from post-traumatic stress disorder. [ 17 ] When he is not well, he cries and feels pain. [ 18 ] He has a poor social network.

His family Iives in Ontario and his friends are drug users. [ 19 ] For two years he has been homeless before he came to Quebec and met the mother. [ 20 ] The father has two other children from previous unions. They are respectively 3 and 5 years old and live with their respective mothers in Ontario.

He has not seen them for the last 2 years. [ 21 ] The mother also related that she has been the object of violent behaviour by the father and that their relationship was toxic. [ 22 ] This information is admitted by the parents. [ 23 ] The Director has met his burden to prove that the security and development of the child is compromised for serious risk of neglect.

Evolution of the situation [ 24 ] When the child was released from the hospital, he was entrusted by the Director to the maternal grandparents under immediate protective measures. [ 25 ] When the Director was informed that the child had been sleeping in a plastic bin at the grandparents’ place, the child was entrusted to a foster home under a provisional order until the mother could be integrated to the Centre A. [ 26 ] The father reacted strongly to the intervention of the Director and especially to the placement of the child in a foster home. [ 27 ] He was verbally aggressive with the delegate and with the hospital staff. [ 28 ] His collaboration was difficult from that point on. [ 29 ] On July 8 th , 2019, the Court ordered that the contacts with the father be suspended until the final hearing on September 24, 2019. [ 30 ] In the meantime, the mother had integrated the Centre A with X to be assessed as to her parenting skills. [ 31 ] She completed the 6 weeks period of evaluation with success. [ 32 ] The educator from the resource reports that although mother mentioned she had a learning difficulty she was able to learn and apply the advice and tricks to care for her infant child. [ 33 ] She stimulated her child, reacted softly and appropriately when the child needed her and managed to secure X. [ 34 ] She also did the exercises for the child’s tonus as he suffers from plagiocephaly (flat skull). [ 35 ] The child already shows progress and development.

His tonus is better, he turns his head.

He has also started to vocalize. [ 36 ] Mostly the mother is observed as being able to put her child’s needs first before her own. [ 37 ] She is devoted to her son at all times and is not distracted by her environment. [ 38 ] She is now conscious of her drug consumption on her child and has stopped completely while also diminishing her cigarette use. [ 39 ] She has started a follow-up with the CRD[A] to address her drug issue. [ 40 ] In the meantime, the father has started a personal social follow at the CLSC to address his personal issues. [ 41 ] He has also made an appointment with a psychiatrist to be assessed and receive care for his mental health issues. analysis and protective measures [ 42 ] Since the birth of the child, the situation has taken a positive turn. [ 43 ] Even the grandparents admit that it was inappropriate for the child to spend the night in a plastic bin.

They explain that the crib was faulty and they had resorted to that solution only as an urgent plan. They are willing too fully collaborate with the Director. [ 44 ] The mother is now completely equipped at the maternal grandparent’s home to receive the child. [ 45 ] She is also determined to keep her sobriety form drugs and to accept the help that she needs for this matter.

[ 46 ] She is also willing to collaborate with the Director and external educator services from Centre A and accept advice to better care for her son. [ 47 ] The child will have to receive health services to ensure that his specific needs are met. [ 48 ] The father is also conscious of the fact that he will have to maintain his personal follow-ups and meet with the delegate before his contacts with the child can be reinstated. [ 49 ] He confirmed that he will allow the delegate access to his social worker and eventually to his psychiatrist. [ 50 ] It is paramount that both parents maintain their sobriety especially the mother who cares full time for the child, and their collaboration with the different follow-ups that they are involved with in order to eventually put an end to the situation of compromission.

FOR ALL THESE MOTIVES THE COURT : GRANTS the present application; DECLARES that the security and development of the child X are in danger regarding paragraph b)2̊ (serious risk of neglect) of

section 38 of the Youth Protection Act; ENTRUSTS the child X to his mother; TAKES JUDICIAL NOTICE that the mother lives at the maternal grandparents’ place, with the child; PROHIBITS any direct or indirect contact between the child and his father; ALLOWS the reinstatement of contacts between the child and his father if the situation allows and according to the frequency and modalities determined by the Director of Youth Protection if the situation allows; ORDERS that the parents actively participate in the application of the ordered measures, namely in the intervention plan put in place to put an end to the compromising situation; ORDERS that the parents periodically report to the Director of Youth Protection on the measures they are applying to themselves or their child to put an end to the compromise situation; ORDER that the child receive all health and social services required by his situation; ORDERS that a person, working for the CIUSSS A or any other establishment or body, provide aid, counsel and assistance to the child X and his family, for a period of six months; ENTRUSTS the situation of the child X to the Director of Youth Protection to see that the measures are carried out. __________________________________ PASCALE BERARDINO, J.C.Q.

Marie-Michèle Boulanger Counsel for the Director of Youth Protection Me Audrey Parizeau Counsel for the child(ren) Me Karolanne Bonin Counsel for the mother Date of hearing: September 24, 2019