2018 QCCQ 19995, 2018 QCCQ 19995

Protection de la jeunesse — 1811259 2018 QCCQ 19995 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005716-181 760-41-005717-189 DATE: September 13, 2018 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X, born [...], 2017 Y , born [...], 2015 Children ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant v.

A 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 ] Alleging that the siblings X and Y are subject to a serious risk of neglect in reason of the parent’s lifestyle, the Director of Youth Protection applies for the application of various protective measures for nine months, including their placement in foster care and the supervision of their contacts with their parents. [ 2 ] The parents, although duly notified of the proceedings, are absent at the date of the hearing.

In view of such and the children’s best interests, the Court proceeds to the evaluation of the evidence. [ 3 ] The children’s attorney, under a legal mandate, subscribes to the orientation proposed by the Director. [ 4 ] Analysis and decision [ 5 ] The parents separate in 2017, following which the children reside with their mother.

Since, the father is little involved with them, seeing his children occasionally at the paternal grandmother’s home. [ 6 ] On April 27, 2018, the Director retains a situation of serious risk of neglect as to the children in relation to the mother’s personal issues (drug consumption, instability) and the consequences on her ability to adequately meet the needs of her children. [ 7 ] It is pertinent to note that Y has previously been the subject of protective measures in reason of a serious risk of neglect in relation to the parent’s drug consumption and issues as to their mental health.

At such time, the parents are still a couple. An agreement on voluntary measures is in place for the period of August 25, 2016 until May 24, 2017 (Exhibit D-5). [ 8 ] The mother cooperates relatively well with the new evaluation, but is hard to reach. She recognizes using cannabis on a daily basis and to having a history of drug abuse. Diagnosed with depression, she takes medications to help her function. She starts to self- mutilate. [ 9 ] The mother becomes increasingly distraught in relation to her personal situation.

Although devoted to her children, she is seen to be less and less available to see as to their needs on a daily basis. Repercussions are observed as to her ability to supervise the children and maintain a healthy home environment. [ 10 ] The mother states being overwhelmed with her personal situation and her parental responsibilities. She seeks the placement of her children.

[ 11 ] The father, trying to resolve his own drug consumption problem and stabilize his personal situation, recognizes not being presently able to take charge of his children. This also impedes his capacity to cooperate with the Director and to maintain regular contacts with his children. The last contact between the children and their father is in January 2018. [ 12 ] On June 4, 2018, the children are placed in foster care. On July 5, 2018, the Court orders their provisional placement well as the supervision of their contacts with their parents.

The children adapt well to their new environment. [ 13 ] Since that time, the mother remains unreachable and doesn’t follow through on requests for meetings. The mother is evicted from her apartment and is presently of unknown whereabouts. Such is similar as to the father. [ 14 ] The maternal grandmother testifies before the Court, saying that she last saw her daughter at the end of August 2018 when she states that she is not in a good situation and can’t see as to her children. She asks the maternal grandmother to communicate with social services.

Since that time, her daughter only gives her sporadic news. [ 15 ] The evidence demonstrates that both parents are presently struggling with personal issues which overwhelm their parental capacities. Their mutual decisions to withdraw from their children’s lives and to not cooperate in rehabilitative measures is the reflection of such. [ 16 ] As such, the Court recognizes that the children are at a serious risk of neglect and further endorses the conclusions sought to protect them and further work towards the end of this situation.

The next months will demonstrate if the parents are able and willing to actively participate in the intervention in view of promoting the return of their children in their care. [ 17 ] FOR ALL THESE REASONS, THE COURT: [ 18 ] GRANTS the application for protection; [ 19 ] DECLARES that the security and the development of the children are in danger in reason of a serious risk of neglect; [ 20 ] ORDERS that the children be entrusted to a foster family chosen by the Director of Youth Protection A; [ 21 ] ORDERS that the contacts between the children and their parents be following agreement between the parties, and in the presence of a third party chosen by the Director and following three (3) meetings with the social worker; [ 22 ] AUTHORIZES that personal relations between the children and their maternal grandmother be maintained; [ 23 ] ORDERS that the parents report periodically, every two weeks, to the Director of Youth Protection on the measures they apply in their own regards or their children’s regards to put an end at the situation in which the security or development of their children are in danger; [ 24 ] ORDERS that the parents take an active

part in the application of the measures ordered; [ 25 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and their family; [ 26 ] WITHDRAWS the exercise of certain attributes of parental authority from the parents and AUTHORIZES the Director of Youth Protection to sign the authorizations required for medical purposes, should the Director be unable to reach the parents in a 48 hour delay; [ 27 ] ALL THESE MEASURES for 9 months; [ 28 ] ENTRUSTS the situation of the children to the Director of Youth Protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q.

Me Anne-Catherine Bujold Attorney for the Applicant Me Annie Girard Attorney for the father Me Karine P. Poissant Attorney for the children Date of hearing: September 13, 2018