2019 QCCQ 19991, 2019 QCCQ 19991

Protection de la jeunesse — 198248 2019 QCCQ 19991 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 105-41-000486-184 DATE: September 4, 2019 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on […], 2012 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 ] In February 2019, the Court entrusts the child to his mother and orders that protective measures apply for several months. [ 2 ] The director of youth protection (DYP) now asks the Court to entrust the child, as well as his siblings, to a foster family. [ 3 ] The evidence reveals the following situation. [ 4 ] From July, the situation appears chaotic and worrying at home.

The DYP has a hard time getting in touch with the mother and her spouse, who is the father of the other three children. [ 5 ] The social intervener presents herself at the family residence on July 11. The house is dirty and disorderly. The mother refuses to leave the bathroom in order to meet with the DYP.

Nevertheless, the social intervener talks with her spouse, who tells her she does not feel well and they also struggle with financial problems. [ 6 ] Following that meeting, the spouse is to call the DYP and set up a meeting, but he fails to do so. [ 7 ] Another surprise home visit takes place later in the same month. Once again, the mother is not available for the meeting, as she would be in the shower. A meeting is then scheduled for July 29. [ 8 ] On that date, the DYP discovers that the situation at home is unacceptable. The residence is dirty.

There are various things on the floors, notably food, garbage and fecal matters. There is no food in the refrigerator. The children are neglected, dirty and not adequately clothed. They also say they are hungry, as they hardly had anything to eat that day. [ 9 ] The mother is present at that time. The DYP has concerns about her health and mental state, as her discourse is not coherent. She also shows strange reactions. The mother lost a significant amount of weight. Her spouse states that her health has degraded.

He adds it sometimes feels like the mother is another child, a fifth one, he must care for. [ 10 ] The mother’s spouse is then upset and aggressive. He eventually calms down to admit he is overwhelmed. [ 11 ] Given the situation, the DYP decides to apply immediate protective measures in order to entrust all four children to foster families. They remain in their foster families ever since, on a provisional basis.

[ 12 ] The children showed very little reactions after being removed from their parents’ care. They are doing well in their foster families. They never ask for nor talk about their parents. [ 13 ] On August 1, a supervised visit takes place with the mother, her spouse and the four children. When he first sees his parents, the youngest one does not smile and looks frighten. He then seems reassured by the presence of his siblings.

The two oldest are obviously used to take care of the youngest ones as they do it very spontaneously. [ 14 ] A few days later, the DYP learns that the mother and her spouse have moved from their home and are nowhere to be found. They are not present at a scheduled revision meeting. They are absent at the hearing as well. However, the spouse calls the social intervener once and she is able to meet with them both on one other occasion. [ 15 ] The child’s father is not involved in his life. There has been no contact between them in the last five years.

Given the child’s age, his father is most likely a perfect stranger to him. The father, at his request, is present at the hearing by telephone, from his home in Province A. He wishes to resume contact with his son. [ 16 ] The social intervener spoke to the father once and will see with him what his intentions really are. [ 17 ] The children are very young and thus vulnerable. They need to live with responsible adults who are able and willing to meet their needs.

They cannot rely on their parents to do so. [ 18 ] Time will tell if the mother can put her life back on track and assume her duties towards her children. If she intends to do so, she has to undertake steps to receive help and cooperate with professionals who can support her. [ 19 ] The application is well founded. The measures that the DYP recommends are in the child’s best interest.

FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 20 ] GRANTS the application for revision and extension of order; [ 21 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 22 ] REVISES AND EXTENDS the Court order rendered on February 25, 2019; [ 23 ] ORDERS that the child be entrusted to a foster family until July 31, 2020; [ 24 ] ORDERS that the child maintain his interpersonal relationship with his siblings; [ 25 ] RECOMMENDS that the child's life project be clarified; [ 26 ] ORDERS that contacts between the child and his mother be determined following an agreement between the parties and AUTHORIZES the DYP to supervise them; [ 27 ] ORDERS that contacts between the child and his father, if any, be determined following an agreement between the parties and be supervised; [ 28 ] RECOMMENDS that the mother submit herself to a psychiatric evaluation; [ 29 ] RECOMMENDS that the parents submit themselves to a parental capacity assessment; [ 30 ] RECOMMENDS that the mother submit herself to random alcohol and drug test; [ 31 ] ORDERS that the parents participate actively to the application of the ordered measures; [ 32 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and his family until July 31, 2020; [ 33 ] 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; [ 34 ] ORDERS the parties to conform themselves to the present order. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Alexis Deschênes

for the child Me Isabelle Gagnon for the father Mrs. A the mother (absent) Written judgment filed on September 5, 2019