2023 QCCQ 11162, 2023 QCCQ 11162

Protection de la jeunesse — 235790 2023 QCCQ 11162 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000821-238 DATE: November 9, 2023 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2022 Child and A Mother ______________________________________________________________________ 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 September 23, the director of youth protection (DYP) received a report about the child and intervened without delay due to the urgency of the situation. [ 2 ] The mother was intercepted at the wheel of a vehicle while intoxicated. The child was without a car seat and inadequately clothed.

The DYP immediately entrusted the child to a foster family, where he has remained ever since on a provisional basis. [ 3 ] The DYP now alleges that the child’s security and development are compromised because he is at serious risk of neglect within the meaning of the Youth protection act . [ 4 ] The DYP proposes to entrust the child to his mother and to order the application of various measures aimed at correcting the situation. [ 5 ] The mother admits to her difficulties and agrees to the recommendations made by the DYP.

She agrees to cooperate with the professionals who will help her. [ 6 ] In light of the evidence, the child’s lawyer agrees. [ 7 ] At the hearing, the Court rendered judgment orally and granted the application. Here are the reasons for this decision. [ 8 ] The mother did not have the chance to grow up in a healthy family environment. Her own mother had addiction problems and died by suicide a few years ago. [ 9 ] The mother’s life is marked by a series of setbacks. She has had problems with the law and periods of drug abuse. [ 10 ] The mother begins drug addiction treatment as soon as the child is placed in care.

She is involved in this follow-up and collaborates with the DYP. She expresses remorse for the situation that led to the child’s placement. [ 11 ] The mother feels a deep attachment to the child and claims never to have endangered him before. [ 12 ] The child is a healthy little boy, developing normally. [ 13 ] The evidence convinces the Court that the child is in need of protection, due to the existence of a serious risk of neglect.

[ 14 ] The child’s return to his mother appears to be in his best interest. Transparency and rapid mobilization of the mother are sources of hope for the future. [ 15 ] The application is well founded and should therefore be granted. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 16 ] GRANTS the application for protection; [ 17 ] 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 ; [ 18 ] ENTRUSTS the child to his mother; [ 19 ] ACKNOWLEDGES the mother’s consent and ORDERS that she participate in an addiction assessment and drug counselling, as long as deemed necessary by the professionals involved; [ 20 ] ACKNOWLEDGES the mother’s consent and ORDERS that she submit herself to an assessment of her parental capacity and to a psychological assessment; [ 21 ] ORDERS that the mother report periodically to the DYP on the measures she applies in her own regard or in her child’s regard to put an end to the situation in which the security or development of the child is in danger; [ 22 ] ORDERS that the mother actively participate in the application of the measures ordered; [ 23 ] ORDERS that a person working for an organization or an institution bring to the child as well as to his family, help, advice and support until July 31, 2024; [ 24 ] 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; [ 25 ] ORDERS that the parties concerned by this judgment comply with it. __________________________________________ JANICK POIRIER, J.C.Q.

Me Mylène Pelletier-Rivet for the applicant Me Féenicia Ouellet for the child Ms. A Mother Written judgment filed on November 15, 2023