2023 QCCQ 4620, 2023 QCCQ 4620

Protection de la jeunesse — 231363 2023 QCCQ 4620 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 145-41-000769-221 DATE: February 23, 2023 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on […], 2021 Child and A Mother/Respondent ______________________________________________________________________ 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] On November 22, 2022, the director of youth protection (DYP) becomes aware that the child and his sister were in danger. On that day, the social worker goes to the mother’s house for a scheduled visit, and she is confronted with a closed door. She calls the child’s sister’s father. The latter goes to the mother’s and enters the residence through a window because he could hear the children crying.

He discovers a dramatic scene. [ 2 ] The children, who are one and two years old, have been in the basement of the residence alone for four days. The two children are dehydrated and malnourished. Their body temperature is low, and their skin is purple. Traces of cocaine are detected in the little girl’s body. [ 3 ] The residence is also in a deplorable condition, with urine and feces all over the place. A dead dog is in a kennel. There is a white substance on a plate in the mother’s room. The whole place is a complete chaos. [ 4 ] The children are immediately taken to the hospital.

Unsurprisingly, they suffer from severe neglect. They were discharged from the hospital a few days later and placed in foster care, where they have remained ever since. [1] When the social worker speaks with her, the mother does not express remorse nor empathy for her children. In fact, she does not even inquire about their health and well-being. [2] The mother admits that this is not the first time she has left them alone at home, but that this was the longest she had ever been away.

She says that she needed a break and that no one is there to help her. [3] The mother is obviously not able to care for her two very young vulnerable children. [4] Fortunately, both children are doing well in foster care and now seem healthy. They see the little girl’s father weekly. The latter claims to be the little boy’s biological father and intends to be involved in both children’s lives. [ 5 ] The alleged father is working with the DYP. He is also receiving help regarding his parenting skills. He says that the alcohol problem he was dealing with is now resolved. He wants to take custody of both children.

The social worker indicates that this is the goal to be pursued over the next few months.

[ 6 ] The Court is convinced by the evidence presented herein that the child is in need of protection because he has suffered severe neglect and abuse at the hands of his mother. The measures recommended by the DYP, to which the alleged father and the child consent, are consistent with the child’s best interest. The application is therefore well founded and should be granted.

FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 7 ] GRANTS the application for protection; [ 8 ] DECLARES that the security and development of X are considered to be in danger according to sections 38(b)1 o and 38(e)1 o of the Youth protection act ; [ 9 ] ORDERS that the child be entrusted to a foster family designated by the institution operating a child and youth protection centre, until August 31, 2023; [ 10 ] ORDERS that contact between the child and his mother be determined by agreement between the parties and AUTHORIZES the DYP to supervise them; [ 11 ] RECOMMENDS that the mother submit herself to random screening tests for drugs; [ 12 ] RECOMMENDS that the mother involve herself in counselling and in a follow-up to address her personal difficulties, notably a psychological follow-up, an anger management and drugs addictions follow-up, as long as deemed necessary by the professionals involved; [ 13 ] ORDERS that the mother actively participate in the application of the measures ordered; [ 14 ] ORDERS that a person working for an organization or institution provide aid, counselling and assistance to the child and his family, until August 31, 2023; [ 15 ] 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 judgment; [ 16 ] ORDERS that the parties concerned by this judgment comply with it. __________________________________________ JANICK POIRIER, J.C.Q.

Me Mylène Pelletier-Rivet for the applicant Me Jules Grenier for the child Ms. A the mother (absent) Written judgment filed on April 13, 2023