2021 QCCQ 11164, 2021 QCCQ 11164

Protection de la jeunesse — 216158 2021 QCCQ 11164 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000706-215 DATE: September 28, 2021 ______________________________________________________________________ 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 ] On June 8, 2021, the director of youth protection (DYP) retains a report in regard to the child’s situation. [ 2 ] Alleging that the child suffers from neglect and psychological ill-treatment and that there is also a serious risk of neglect, the DYP asks the Court to order the application of protective measures.

The three children of the family are aimed by a similar application. [ 3 ] The DYP recommends that the oldest child be entrusted to a rehabilitation centre until the end of June of 2022, while the youngest brothers would be entrusted to a specific foster family for the next five months.

Both parents agree to the conclusions the DYP is seeking and so does children’s counsel. [ 4 ] The child’s family struggles with significant and long-lasting issues. [ 5 ] The mother has 5 other children, from previous relationships, and they were removed from her care because of neglect. [ 6 ] The father also lost custody of a daughter from a previous relationship. [ 7 ] Over the last few years, social services where involved on and off with the family. [ 8 ] The oldest boy is 9 years old and he has special needs. He suffers from severe autism. He is non-verbal.

Needless to say that his day-to-day functioning is seriously impaired. Moreover, he presents disruptive behaviour. [ 9 ] The parents are not able to provide structure to their oldest son, in regard to his specific needs. Despite receiving professional support, they cannot implement the daily routine the child requires. [ 10 ] From June 2020, the DYP worked with the family, under voluntary measures agreements in regard to the two oldest boys. The follow-up was mostly due to neglect.

After several months, the files were closed. [ 11 ] The birth of a third child, in [...] of 2021, came as another challenge for the family. The parents lack support in terms of friends or extended family and they struggle with multiple issues, notably substance abuse. They also have limited financial means, even though the father works as a fisherman.

[ 12 ] At the end of May, the mother reached out to social services for help. She wanted to leave the father, following an argument between them. Interveners went home to assist the mother who wanted to go to a shelter. She stayed there with the children for one week before moving back with the father. [ 13 ] Professionals witnessed that the parents did not have milk for the baby and the children’s hygiene was very poor. [ 14 ] On June 11, the DYP received reports stating the parents were using cocaine.

The father admitted later that he was taking cocaine and said the mother did as well. [ 15 ] Immediate protective measures were applied and all three children were removed from their parents’ care. The youngest ones are in foster care while the oldest is currently entrusted to a rehabilitation centre. The latter is doing better in such a structured environment. He demonstrates progress with his behaviour. He shows less meltdowns, biting and pinching. [ 16 ] The parents’ overall situation remains alarming. They still refuse to submit themselves to drug screening tests. Repairs are required in their house.

They had at least another fight that led to a temporary separation. [ 17 ] The parents generally attend supervised visits with her children. However, they did not undertake steps to work on their issues. [ 18 ] The evidence convinces the Court that the security or development of the child is in danger. Considering the consent of all parties, and the child’s best interest, the Court will order the suggested measures.

FOR THESE REASONS, THE COURT: [ 19 ] GRANTS the application for protection; [ 20 ] DECLARES that the security and development of X are considered to be in danger according to sections 38b)1 o , 38b)2 o and 38c) of the youth protection act ; [ 21 ] ENTRUSTS the child to a rehabilitation centre designated by the establishment that operates the child and youth protection centre, and this until June 30, 2022; [ 22 ] ORDERS that contact between the child and his parents take place following agreement between the parties and AUTHORIZES the DYP to supervise them; [ 23 ] RECOMMENDS that the parents take an active

part in the services that are offered to them for their personal difficulties; [ 24 ] ORDERS that the parents take an active

part in the application of measures ordered by the Court; [ 25 ] ALLOWS the DYP to sign in the place of the parents the authorizations regarding medical follow-ups, social services and school authorizations if they cannot be reached in due time or if they unduly refuse; [ 26 ] RECOMMENDS that the parents get involved in a follow-up related to their personal difficulties, particularly substance use and psychological follow-up, as long as deemed necessary by the professionals involved; [ 27 ] RECOMMENDS that the parents submit themselves to random drug testing; [ 28 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and his family until June 30, 2022; [ 29 ] 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. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the applicant

Me Jules Grenier for the child Me Ariane Cayer for the parents Date of hearing: September 1, 2021