2019 QCCQ 17409, 2019 QCCQ 17409

Protection de la jeunesse — 198956 2019 QCCQ 17409 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] « Youth Division »

No: 145-41-000628-195 DATE: November 14, 2019 ______________________________________________________________________ BY THE HONOURABLE HERMINA POPESCU, Q.C.J. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant And X (born on [...], 2019) Child And A Mother And B Father ______________________________________________________________________ JUDGMENT ON APPLICATION FOR PROTECTION ______________________________________________________________________ WARNING: The Youth Protection Act (Y.P.A.) 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 ] Applicant submits that the security and development of the child are endangered and asks that the child be entrusted to a foster family and to authorize that the child resides with her mother as long as she stays at A Center in the A Program. [ 2 ] X was born on [...], 2019 and had to be hospitalized until August 20, 2019 as she had to undergo treatment for withdrawal. [ 3 ] The parents have Y, born on […], 2018 and X.

Y is presently in a foster home in Town A, with integration into the father’s care. [ 4 ] The parents met in 2014, when the mother was 22 years old, and the father 50 years old. Their relationship was «rough» since the early onset: there were a lot of fights and arguments. The mother believes that the father can be very controlling and has insulted her in the past. However, this does not occur anymore. [ 5 ] Communication between parents has improved.

The mother recognizes that for the past seven years, she was always angry and could not see the light. [ 6 ] As a child, mother was exposed to her parents’ alcoholism and domestic violence. Her parents separated when she was 11 or 12 years old, and since then, she spent her time between her father, who lives in Town B, and her mother, who lives in [province A]. [ 7 ] The mother began experimenting with drugs when she was 13 years old and at 14 she began abusive pills.

She became pregnant at 16 years old and her son, Z, is now entrusted to the care of his maternal aunt, C, until his majority and lives in [province A] [ 8 ] The mother recognizes her path on addictions and she attempted detox in 2018 but was unsuccessful. [ 9 ] She was admitted back into A Center on July 15, 2019 where she stayed for 6 weeks and did very well in her recovery. [ 10 ] The mother had relapses but was honest and forthcoming about this. Her relapses were justified by the fact that her therapy at [organism A] brought back memories of her past traumas.

She also relapsed, during the week of August 19, 2019, when she had a Court appearance for a rape that has occurred in her past. [ 11 ] Mother is trying her very best because she now wants to be sober. She recognizes that there is still work to be done but she

wants to be a present mother for her children and a mother who raises them. [ 12 ] The mother is making significant changes to help her be a better mother. [ 13 ] When X was in the hospital, the mother would visit her daily for feedings and bed time routines. She did very well bounding with the baby. [ 14 ] On August 20, 2019, X has been entrusted to her paternal aunt, D, and mother continued her daily visits. [ 15 ] As for the father, he spent 16 or 17 years of his adult life in detention. It is there that he completed his GED and certificate of trade. He primarily works as a machinist.

He is employed with snow removal and odd jobs. [ 16 ] The father describes his relationship with the mother as an on and off for the past few years. He describes the mother as the most beautiful girl when she is sober and has a potential to do very well, however her addictions get in the way of that. He hopes that the mother would refrain from drug use. [ 17 ] When she is under the influence of drugs, the mother’s behaviour is aggressive and she tends to be argumentative.

When she is sober, she is calm, patient and collaborative. [ 18 ] The evidence points that the mother has maintained a sobriety to the best of her ability. She understands that she still requires much guidance and understanding and professional support services, but is willing to do so [ 19 ] The mother receives addiction support from addiction services and she is followed by a doctor for a methadone treatment and counselling services. She has to go daily to receive her methadone. [ 20 ] The mother wishes to complete a A Program at [organism A] in Town C, which has a 7 to 9 months duration.

This program will help her address her addiction and will help guiding her towards sobriety. [ 21 ] The mother is very honest and demonstrates insight as she recognizes her need to receive intensive support to address the unresolved traumas she suffered and which led her to substance abuse in order to avoid the feeling of anguish and pain. [ 22 ] As for the father, even if his initial involvement was challenging because he was angry and frustrated, he now recognizes his need to work his anger management issues with professional services. [ 23 ] The Court concludes that the security and development of the child are endangered because she is subject to neglect resulting from the mother’s addictions.

The recommendations of the Applicant are in her best interest.

THEREFORE, THE COURT : [ 24 ] DECLARES that the security and the development of X are endangered; [ 25 ] ORDERS that the child be entrusted to the Director of Youth Protection until October 31, 2020 , under the following conditions: [ 26 ] ORDERS that the child be entrusted to a foster family designated by the Director of Youth Protection; [ 27 ] AUTHORIZES that the child reside with her mother as long as she resides at [organism A] in the A Program; [ 28 ] AUTHORIZES that the child benefits from extended visitations with her father, if the situation allows it; [ 29 ] STRONGLY RECOMMENDS that the father continues to receive services with social development and psychological services as long as deemed necessary by the concerned professionals; [ 30 ] STRONGLY RECOMMENDS that the mother continues to actively participate in follow-up with an Addiction Counselor; [ 31 ] ORDERS that the parents actively participate in these measures ordered to put an end to the situation of endangerment; [ 32 ] STRONGLY RECOMMENDS that the mother participate in psychological counselling to help her deal with past issues; [ 33 ] STRONGLY RECOMMENDS that the parents participate in anger management and couple counselling; [ 34 ] ORDERS that the parents actively participate to external education services, if needed; [ 35 ] ORDERS that the Director of Youth Protection provides aid, counsel and assistance to the child and his parents; [ 36 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the carrying-out of this order. __________________________________ HERMINA POPESCU, J.C.Q.

M e Louyse A. Lemieux Smith and Lemieux For the applicant M e Isabelle Gagnon For the child Filed on : November 29, 2019