2013 QCCQ 17447, 2013 QCCQ 17447

Protection de la jeunesse — 135857 2013 QCCQ 17447 COURT OF QUEBEC YOUTH DIVISION CANADA PROVINCE OF QUEBEC DISTRICT OF [...] N o : 525-41-027685-130 DATE: November 25, 2013 ______________________________________________________________________ BY THE HONOURABLE ANN-MARIE JONES, J.C.Q. ______________________________________________________________________ Director of Youth Protection A Applicant - and - X Born on [...] , 2013 - and - A - and - B Respondents ______________________________________________________________________ JUDGEMENT

Section 38 Y.P.A. ______________________________________________________________________ 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 11.2.1 and 135 Y.P.A .] [ 1 ] The Court hereby confirms and gives the reasons for a decision rendered verbally at the hearing of November 25, 2013, in accordance with the requirements of

section 90 of the law. [ 2 ] The Court was presented with a motion by the Director of Youth Protection to have the security and development of the child declared compromised under

section 38 b) 2) of the Youth Protection Act , risk of neglect. [ 3 ] The principal facts alleged in support of the Director’s motion are the following: • The parents have six other children and all of them are in placement under decisions of the Court of Quebec, Youth Division, due to the parent’s chronic unstable lifestyle; • There is a serious risk that the parents do not meet the child’s basic needs in that: . the parents have a longstanding history of instability; . the parents do not have a stable residence and have experienced much transiency over the last year; . the parents do not have an income; . the mother admits to having used cocaine once or twice during the pregnancy; . the father admits to using alcohol at times; . the parents have a history of substance abuse; . the parents do not collaborate with social services’ intervention; . the parents have not acquired the necessary supplies to receive a newborn child;

• The child was born prematurely and received his medical discharge from the hospital on September 13, 2013; • No extended family members, able to assume care of the child, could be identified at the present time; • Immediate protective measures were invoked on September 13, 2013, and the child was placed in a foster family. [ 4 ] The Director of Youth Protection recommends that the child be entrusted to foster care for a period of one year and that a social follow-up be provided to the family for the same period. [ 5 ] The parents admit the majority of the facts alleged in the motion.

They consent to the measures recommended by the Director of Youth Protection. The parents say that they are currently living at a friend’s place and give the address of C , the father’s sister, as a mailing address. [ 6 ] The father testifies that the couple decided to move to City A , as they could not find any housing up North. However, the father says that in City A he has difficulty finding employment.

He also says that he will have to go back to up North in order to obtain identification papers, as he lost his papers years ago and was using photocopies. [ 7 ] The Court also heard the testimony of [Social Worker 1] , youth protection delegate, and read the Court report the Director filed as proof of the child’s situation. The evidence reveals that X was born four weeks premature and that the mother did not receive any prenatal care. Furthermore, since the baby was entrusted to foster care, the parents have only see him on two occasions.

The parents have a transient lifestyle and cannot at this time provide for their son. Therefore, the Court concludes that there is a serious risk of neglect if the child was entrusted to his parents, as they are not in a position to provide for his basic needs. [ 8 ] The child is doing well in his foster home and the foster mother has accepted to care for him for the next year. The foster mother is not of native descent, but works for the A government and is well aware of A traditions.

The child has presented some health issues, mainly breathing and digestive problems, which have been addressed, and his health is now stable. [ 9 ] Under the circumstances, it is in the child’s best interest to be entrusted to foster care for a period of one year with a social follow- up for the same period.

The parents need to collaborate with DYP in their son’s best interest. [ 10 ] The evidence and the admissions made have convinced the Court that the security and development of the child are compromised. [ 11 ] THEREFORE, THE COURT: [ 12 ] GRANTS the motion; [ 13 ] DECLARES compromised the security and development of the child, X , under

section 38 b) 2) of the Youth Protection Act ; [ 14 ] ORDERS that the child, X , be entrusted to foster care for a period of one year; [ 15 ] ORDERS that the frequency and modality of contacts between the child and his parents be determined by the Director of Youth Protection, including supervision if deemed necessary; [ 16 ] ORDERS that the parents refrain from consuming alcohol or being under the influence of alcohol and drugs when in the presence of the child; [ 17 ] ORDERS that the parents undergo random drug and alcohol testing and TAKES JUDICIAL NOTICE of the parents consent to do so; [ 18 ] ORDERS that the parents address their issues of conjugal violence; [ 19 ] RECOMMENDS that the parents take steps to stabilize their living situation; [ 20 ] WITHDRAWS from the parents certain attributes of parental authority with respect to signing consent for the child and AUTHORIZES DYP to sign all consents for the child concerning medical services, if the parents cannot be reached within a reasonable delay; [ 21 ] AUTHORIZES DYP to obtain and share information with the professionals working with the family; [ 22 ] ORDERS that aid, counsel and assistance be provided to the child and his parents for a period of one year; [ 23 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection A , who shall see that the measures are carried out; [ 24 ] ORDERS the execution of the present order by any peace officer.

Signed on November 27, 2013 Ann-Marie Jones, J.C.Q. AMJ/dg Me Camille Champeval Procureure pour le Directeur de la protection de la jeunesse Me Pauline Laforce Procureure pour l’enfant Date of hearing: November 25, 2013