2017 QCCQ 17876, 2017 QCCQ 17876

Protection de la jeunesse — 177960 2017 QCCQ 17876 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000550-175 DATE: August 9, 2017 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2013 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 ] The Director of youth protection (DYP) asks the Court to declare that the security and development of the child is in danger according to

section 38 (c), 38 (b) 1) and 38 b) 2) of the Youth protection Act because of the exposure of the child to spousal abuse and neglect for basic needs of the child or serious risk of it. [ 2 ] At the hearing, the parents are absent even if they were duly notified. The social worker indicated that the father is aware of the proceeding and he agrees with the measures suggested. For the mother, she doesn’t know what she thinks. [ 3 ] The child is absent but duly represented. Considering the evidence, his counsel expresses his consent with the facts and the recommendations of DYP.

Moreover, he agrees to the filing of the report to value as testimony of its author. [ 4 ] The mother is using drugs since her early age. She is well-known by the Child and family services. She already had other children under the care of DYP. Furthermore, while she was young she was also entrusted to foster care. Through all her childhood she experienced many traumatic events in her life which left emotional scars.

As a result she gets involved in unhealthy relationship and uses coping mechanisms coupled with addictions to ease her pain. [ 5 ] On May 12, 2017, an immediate protective measure is applied to entrust the child in a foster family. On May 15, 2017, this order was extended until May 15, 2017. On that day, the measure was once again prolonged for an additional 30 days. [ 6 ] On the day, when the measure were taken, the father assaulted physically the mother while she was pregnant. She managed to get out and seek help from a neighbour.

She notably suffered from multiple bruising, swelling and a viable hernia in her navel area. She refused medical attention from the paramedics. Several hours later, she went to the hospital but did not comply with the doctor’s recommendation. [ 7 ] During a meeting with the social worker on […], 2017, it was noticed that the mother was under the influence of drug even if pregnant. She gave birth the day after. [ 8 ] There are serious concerns about the parents. They both are drug users. The child is exposed to domestic violence occurring between them. Moreover, the mother recently had a newborn child.

She and the baby were both tested positive for drugs. [ 9 ] When the child was born, he was also addicted to drugs notably cocaine and methadone. He had for four weeks of his young life to be treated for this addiction. During that time, the mother came from time to time to visit shortly the child. However, her behaviour was not appropriate. Most of the time, she seems frustrated and agitated at the hospital while visiting her child.

[ 10 ] However when the child returned home, the mother was able to keep the child with her. She manages to collaborate with family service and was doing well at the time. But her effort did not last for long and the situation once again deteriorated. [ 11 ] The home is disorganized and there is no food in the house. The mother does not go to

schedule visits with her child and her newborn child. Furthermore, she does not show up to the professional resource put in place for her. [ 12 ] In fact, she does not understand why her child is in foster custody care and that is unjust. Since June 9, 2017, she had no contact with the DYP delegate and had not seen her children. [ 13 ] On May 13, 2017, the DYP delegate also met with the father. He also seems to be under the influence. He did not understand the measure taken concerning the child. He accused the mother to be the aggressor and not him.

Since then, the father left for work and will be gone for months. He is fishing on a shrimp ship. [ 14 ] The relationship between the parents is not suitable. It is tainted with domestic violence and drug abuse. [ 15 ] The child is 3 years old almost four. He needs a safe, secure and loving environment. At this point of time, the parents cannot provide such place for him. [ 16 ] He is doing well in his foster family. Some significant improvement was noticed regarding his speech and behaviour. He is well taken care of in his new environment. The child demonstrates nervous tendencies.

He also confides about the violence done to his mother by his father. [ 17 ] The evidence demonstrates that the security and development of the child are in danger. Considering the child lawyer’s admissions and the documentary evidence filed, the application is well founded. The suggested measures appear to be in the best interest of the child. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 18 ] GRANTS the application for protection; [ 19 ] DECLARES that the security and development of X are in danger according to

section 38 [c], 38 [b] 1) and 38 b) 2) of the youth protection act ; [ 20 ] ORDERS that the child be entrusted to his foster family designated by DYP until June 30, 2018; [ 21 ] ORDERS that contacts between the child and his parents are determined following agreement between the parties, including their supervision as long as deemed necessary; [ 22 ] ORDERS that the parents to be sober of alcohol and drugs during the visitations of the child; [ 23 ] RECOMMENDS that both parents participate with an addictions assessment and drug counselling as long as deemed necessary; [ 24 ] ORDERS that the parents actively participate in the measures ordered to put an end to the situation; [ 25 ] RECOMMENDS that the parents benefit from psychological counselling to deal with their personal issues; [ 26 ] RECOMMENDS that the parents participate in a parental capacity and psychological evaluation; [ 27 ] RECOMMENDS that the parents actively participate in external education services; [ 28 ] ORDERS that a person working for an establishment provides aid, counsel and assistance to the child and his family until June 30, 2018; [ 29 ] 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 order. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Réal Grenier for the child Mrs. A the mother (absent) Mr. B

the father (absent) Date of hearing: August 9, 2017 Written judgment filed on September 13, 2017