2019 QCCQ 18262, 2019 QCCQ 18262

Protection de la jeunesse — 197307 2019 QCCQ 18262 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 565-41-000348-199 DATE: June 26, 2019 ______________________________________________________________________ BY THE HONOURABLE VALMONT BEAULIEU, J.Q.C. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Plaintiff and X Child and A B In their capacity as parents ______________________________________________________________________ JUDGMENT (Section 38, Youth Protection Act ) ______________________________________________________________________ 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 child was born at A Hospital.

The baby was pre-mature and was experiencing withdraws at birth. [ 2 ] He was hospitalized for several weeks for health issues. [ 3 ] The hospital staff had to wake the mother up to feed the baby and change the diapers on several occasions. [ 4 ] The mother would not get up for the feedings and neither to change the diapers. [ 5 ] When X was released from the hospital, he was entrusted to the paternal aunt, C. [ 6 ] The mother admits that she consumes alcohol, speed and cocaine. [ 7 ] She states that she did not have a follow-up for her pregnancy because her health card was expired. [ 8 ] The Director of Youth Protection is already involved with the father and the children he has from a previous relationship, for similar motives.

The father admits that he consumes alcohol and marijuana. [ 9 ] The father has had ongoing issues with consumption for over a year. [ 10 ] The parents live in a house in Town A. As previously stated, there are several windows broken in the home and they do not have any equipment for the child to live there with them.

[ 11 ] The parents have visited the baby but are not constant with the contacts. [ 12 ] X is considered extremely vulnerable because of his young age. [ 13 ] The Court supports with no hesitation, the analysis of Mme [Social Worker 1] in her report dated June 21 st , 2019: ANALYSIS : The nature of the report is in regards to a situation of negligence on the physical plan and risk of negligence because of the parents’ consumption issues. The situation is considered severe because of the vulnerability of the child.

We are already involved with the father whereas all the children are placed within the extended family. The father has not yet been able to demonstrate his capacity to change although he can maintain sobriety for short periods and he states that he wants to change. It is unknown if the mother has the capacity to make the necessary changes but for both parents, they have a good support system within the extended family. [ 14 ] THEREFORE THE COURT : [ 15 ] GRANTS the motion; [ 16 ] DECLARES that the security and the development of the child are compromised under

article 38 b) 2 of the Youth Protection Law ; [ 17 ] ORDERS the implementation of the following protection measures: (

a) That X be entrusted to kinship foster family of C for a period of 6 months with the possibility, if the situation permits, of reintegration in his family; (

b) TAKES NOTICE that Mrs. C will be evaluated as kinship foster family and if the evaluation is positive, the child will be entrusted to her; (

c) That the visits between the child and his parents be according to an agreement between the parties, and if no agreement, the visits will be supervised; (

d) That both parents be sober everytime when they visit their child; (

e) That the child’s parents undertake to take an active

part in the making and in the application of the measures designed to put an end to the situation in which the security or the development of the child is in danger; (

f) THAT the parents undertake all necessary services to help them with consumption of drugs issues; (

g) THAT the parents undertake services for parental abilities; (

h) THAT the child receive all services needed for his health and care; (

i) THAT, if within 24 hours of receiving a phone call from the Director of Youth Protection, the parents do not reply or take action, the exercise of the attributes of the parental authority will be withdrawn from the parents and granted to the Youth Protection Director; (

j) THAT the person working for the CISSS[A] provide aid, counsel and assistance to the child and his family for a period of 12 months; [ 18 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection who shall then see that the measures are carried out. [ 19 ] ORDERS any person concerned by the present order to conduct himself accordingly. [ 20 ] ORDERS the execution of the present decision by any peace officer. __________________________________ VALMONT BEAULIEU, J.Q.C. Mtre. Sandra Couture Counsel for the Director of Youth Protection Mtre. Isabelle Saumier-Castonguay Counsel for the child Date of hearing: June 26, 2019