2023 QCCQ 3958, 2023 QCCQ 3958

Protection de la jeunesse — 231972 2023 QCCQ 3958 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] Youth Division No: 525-41-038893-210 DATE: April 24, 2023 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X Born […], 2021 Director of Youth Protection A Applicant A Mother B Father ______________________________________________________________________ JUDGMENT (95 Y.P.A.) ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act, no person may publish or broadcast information allowing 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 (Y.P.A. sections 9.2, 9.3 and 135). [ 1 ] The Director of Youth Protection is asking the Court to revise the order rendered on March 4, 2022, entrusting the child to a foster family with gradual reintegration to the mother’s home.

It should be noted that the father had not yet been registered on the child’s birth certificate. [ 2 ] The child was in fact reintegrated to her parents’ home last October, following which the parents’ relationship quickly deteriorated as a result of constant disputes, mutual recriminations, and accusations. They have since ended their relationship. [ 3 ] The mother alleges conjugal violence and drug consumption by the father whereas the father counters that the mother has accumulated thousands of dollars in gambling debts. [ 4 ] Each parent denies the allegations made by the other.

The Director has not presented any evidence tending to support one position or the other, with the exception of a negative drug test result for the father. The concern is rather the child’s exposure to conflict and the parents’ ability to meet her needs through effective coparenting. [ 5 ] The mother is currently in a confidential shelter, where she is said to respect the rules and attend all meetings. During the course of the initial order, the mother actively participated in support programs and parenting groups. A therapeutic follow up was undertaken but not completed.

The child was provisionally entrusted to her mother on January 4, 2023. [ 6 ] The father is currently receiving housing assistance from the [Organism A]. He has access to a social worker who is helping him stabilize his situation by finding permanent housing and modifying his work

schedule to accommodate visits with the child. [ 7 ] The father shows good parenting skills during visits and demonstrates a commitment to the child. That being said, he has been unable to maintain a consistent

schedule as a result of his employment obligations. [ 8 ] It should be noted that the child has multiple medical needs and developmental issues. She requires strict monitoring and

follow up which necessarily calls for effective co parenting. [ 9 ] After assessing the current situation, the Director proposes to entrust the child to her parents under certain conditions, namely that each parent have a stable and suitable living arrangement, along with a social follow up and other protective measures for ten months. [ 10 ] The parents agree with the Director’s proposal, as does the child’s lawyer. [ 11 ] The Court also agrees that the measures are in the child’s interest. It bears repeating that the child’s needs must be prioritized.

Both parents will need to participate actively in the social follow up in order to ensure that the child receives the services and support that she requires. [ 12 ] FOR THESE REASONS, [ 13 ] THE COURT: [ 14 ] GRANTS the application; [ 15 ] DECLARES that the security of development of the child continue to be endangered; [ 16 ] ORDERS that the child remain in the care of her parents under the following conditions: - that the father has a stable and suitable living arrangement approved by the Director; - that the mother, upon leaving the shelter, has a stable, suitable living arrangement approved by the Director; [ 17 ] RECOMMENDS that the mother continues to receive therapeutic services [ 18 ] RECOMMENDS that the mother receive services for her gambling issues and follow through with recommendations to that effect; [ 19 ] PROHIBITS the parents from exposing the child to any type of conflicts or violence; [ 20 ] TAKING JUDICIAL NOTICE of their consent to that effect , ORDERS that the parents submit to random drug testing; [ 21 ] TAKING JUDICIAL NOTICE of her consent to that effect, ORDERS that the mother continue to receive services for her mental health and follow through with recommendations of involved professionals including but not limited to taking her medications; [ 22 ] TAKING JUDICIAL NOTICE of her consent to that effect, ORDERS that the mother continue to attend her psychiatric follow-up; [ 23 ] RECOMMENDS that the mother re-engage with parenting support services as well as services for conjugal violence; [ 24 ] TAKING JUDICIAL NOTICE of the parents’ consent to that effect , AUTHORIZES the Director to receive and exchange information from treating professionals; [ 25 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the child and her family, including the services of an educator if deemed necessary; [ 26 ] ENTRUSTS the situation of the child X to the Director of Youth Protection of the CIUSSS A who shall then see that the measures are carried out; [ 27 ] THE WHOLE for a period of ten months.

SIGNED IN Town A On May 26, 2023 __________________________________ KAREN OHAYON, J.C.Q. Me Hanane Loumi Attorney for the D.Y.P. Me Sonia Harvey Attorney for the child

Me Younes Ameur Attorney for the mother Me Nadia Sabik Attorney for the father Date of hearing: April 24, 2023