2019 QCCQ 19775, 2019 QCCQ 19775

Protection de la jeunesse — 198219 2019 QCCQ 19775 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 145-41-000607-199 DATE: August 7, 2019 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on […], 2010 Child -and- A -and- B Parents/Respondents ______________________________________________________________________ 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 child is the object of protective measures since 2017, following agreements on voluntary measures. [ 2 ] At the outset, the father was apparently not involved in the follow-up and he did not sign the agreements on voluntary measures until June 2018. The father wonders why he was not contacted by social services at the time.

He adds he was not informed that his son was removed from the mother’s care from 2017. [ 3 ] In fact, the child is entrusted to members of his extended family and foster homes ever since the director of youth protection (DYP) works with the family. [ 4 ] The DYP now seizes the Court with an application for protection, alleging that the child is submitted to a serious risk of neglect.

The DYP recommends that the child remain in foster care and then be entrusted to his father from the beginning of October. [ 5 ] The father agrees with the DYP’s recommendations. [ 6 ] Although she acknowledges dealing with personal issues, the mother pleads she is able to take care of her son and he should be entrusted to her. [ 7 ] The evidence reveals that the mother cannot, on her own, care for the child and fulfill his needs on a daily basis. [ 8 ] The mother suffers from schizophrenia. She obviously has a hard time dealing with that diagnosis.

She would like to be evaluated again, since she was diagnosed in 2009 with schizophrenia and psychosis. She feels her situation is different now as she made significant improvements. She meets regularly with her doctor and takes her medication. She states she has monthly injections and adds that even though it is written schizophrenia on the box, it was prescribed for another reason, namely to calm her down. Anxiety is also an issue she has to deal with. [ 9 ] The mother used to have addiction problems. She is now clean from drugs, but still drinks alcohol once a week or every other week.

When she drinks, she does not take the medication prescribed in regards with anxiety. [ 10 ] However, despite the mother’s efforts and good will, she was never able to live on her own. She resides in an adult foster home because she needs support in her day-to-day life. In January 2019, following a request from the youth protection delegate, the foster home where the mother then lives agrees to receive also the child.

[ 11 ] Ever since, there are, of course, daily contacts between the child and his mother, since they reside under the same roof. This leads the mother to state that she is the one taking care of her son. However, the Court has to keep in mind that the daily life takes place under the supervision of the foster mother. [ 12 ] One day prior to the hearing, the mother moves to a semi-independent living facility. Her meals are provided and she benefits from reminders about structure and daily routine.

However, she has her own space and entrance. [ 13 ] The Court has no doubt about the mother’s genuine love for her son. Nevertheless, the mother still needs support. She sleeps a lot during the day. When facing stressful situations, she sometimes turns to alcohol. She can overreact and become paranoid when she is stressed out. [ 14 ] Under the circumstances, the Court must conclude that the child cannot be entrusted to his mother.

However, an update of the mother’s mental health condition would help us for the future, in order to determine the role she can play in her son’s daily life. [ 15 ] The child has a significant bound with his mother, and it is in his best interest to have frequent contact with her. [ 16 ] The child has regular visits at his father’s, including overnights. Contact is positive, even though the child states he wishes to live with his mother. [ 17 ] The father is willing and ready to have his son entrusted to him. He has full-time custody of his other son.

His house is small, but he plans to extend it to make it more functional for three people. He admits drinking alcohol but it would not be an issue. [ 18 ] The preponderant evidence convinces the Court that the application is well founded. There is a serious risk of neglect, which puts the security and development of the child in danger. The measures the DYP recommends meet the child’s best interest. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 19 ] GRANTS the application for protection; [ 20 ] DECLARES that the security and development of X are considered to be in danger according to

section 38b)2 o of the youth protection act ; [ 21 ] ORDERS that the child be entrusted to a foster family designated by the DYP until October 1, 2019; [ 22 ] AUTHORIZES the progressive integration of the child in his paternal environment starting on September 1, 2019 and ORDERS that the child be entrusted to his father on October 1, 2019; [ 23 ] ORDERS that the visits between the child and his mother be determined upon agreement between the parties; [ 24 ] ORDERS that the child and his family benefit from an external educator; [ 25 ] RECOMMENDS that the parents benefit from a parental capacity assessment; [ 26 ] ORDERS that the parents actively participate in the measures ordered to put an end to the situation of endangerment; [ 27 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and his family until March 31, 2020; [ 28 ] 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 judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Mylène Pelletier Rivet for the applicant Me Alexis Deschênes for the child Me Ariane Cayer for the mother Mr. B the father

Written judgment filed on August 29, 2019