2019 QCCQ 18715, 2019 QCCQ 18715

Protection de la jeunesse — 198314 2019 QCCQ 18715 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] “Youth Division” N° : 614-41-000475-196 DATE : October 9, 2019 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working [...] Applicant and X, born on [...], 2019 Child and A, residing and domiciled in [...] Mother and B, residing and domiciled at [...] Father _____________________________________________________________________ JUDGMENT (sections 38, 75 & 91 of the Youth Protection Act , CQLR, c.

P-34.1 ) ______________________________________________________________________ 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 Director of Youth Protection A (the Director) submits to the Court an application asking that the security and development of X, born on [...], 2019, be declared in danger because of the parents’ lack of supervision and the serious risk of neglect (sections 38 b (1) i) & 30 b (2) of the Y.P.A .). [ 2 ] At the hearing, the mother is present, assisted by Mtre Marie-Josée Ayoub.

Mtre Michel Grenier represents the father, Mtre Yan Massé the child, and Mtre Adelia Ferreira the applicant. [ 3 ] The mother and father admit most of the allegations and consent to the measures recommended by the Director. The evidence is completed with the testimonies of the community worker and the mother. An evaluation and an orientation report are filed. [ 4 ] The evidence reveals the following facts. [ 5 ] On August 3, 2019, the father threw the mother out of the home while she was intoxicated.

She was drinking since the day before. [ 6 ] On August 4, the father entrusted the child to a paternal aunt, because he was unable to care for him. [ 7 ] The day after, August 5, the aunt brought the child to the Youth Protection because she could not continue to care for him. Then, the child was entrusted to a foster home for immediate protective measures. [ 8 ] The mother was found at a friend’s house on August 6, in the middle of the afternoon.

As she was sleeping at the time, she was informed only on August 7 that the child was entrusted to a foster home. [ 9 ] At the time, the father’s home was very messy and cluttered. The father appears unable to care for the child on a regular basis. [ 10 ] When met, the mother admitted her habit of drinking on weekends and using cocaine. She declared that the father drank and consumed speed pills. She also declared that she was in depression. She had no home and stayed with friends. [ 11 ] The Youth Protection worker went to the father’s home on August 6, 7 and 8, 2019, to meet with him, but no one opened the

door. Once, the worker heard noise inside the home. The father did not call the Youth Protection since the child’s placement nor did he request visits. [ 12 ] When met by the Youth Protection worker, the mother said she wanted to take steps to deal with her substance abuse, and was ready to go at a shelter and follow their rules in order to have her child back.

Since, she is residing at the [shelter A] with her son. [ 13 ] Considering the parents’ issues, the Court declares the child’s security and development endangered. [ 14 ] As applicable measures, the Director recommends that the child remain with the mother as long as she remains sober and takes good care of the child. [ 15 ] The mother agrees with the measures and declares that she now has better control of herself and her situation. She wishes to rent an apartment with a friend who also has a child to support and to keep herself busy. She has a regular job and will seek services for her issues.

She has contacts with the father and they usually have good communication.

The mother is ready to prioritize her child and to do what is required to assume him. [ 16 ] Considering the whole evidence, THE COURT: [ 17 ] GRANTS the application; [ 18 ] DECLARES that the security and development of X, born on [...], 2019, are in danger; [ 19 ] MAINTAINS the child with the mother; [ 20 ] ORDERS the Director to supervise the visits between the father and the child as for the frequency and the modalities; [ 21 ] AUTHORIZES the Director to make unannounced visits when the father receives the child at his home; [ 22 ] ORDERS the parents to remain sober at all times in presence of the child; [ 23 ] ORDERS the mother and father to seek help for substance abuse and follow the [Center A] worker’s recommendations; [ 24 ] ORDERS the parents to collaborate actively with the Director; [ 25 ] ORDERS the Director to provide aid, counsel and assistance to the mother, the father and the child for one year; [ 26 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection A, who shall then see that the measures are carried out.

Signed in City A, on November 5, 2019 _________________________________ DENYSE LEDUC, J.C.Q. Mtre Adelia Ferreira Counsel for the applicant Mtre Yan Massé Counsel for the child Mtre Marie-Josée Ayoub Counsel for the mother Mtre Michel Grenier Counsel for the father Date of hearing: October 9, 2019