2019 QCCQ 14903, 2019 QCCQ 14903

Protection de la jeunesse — 1911171 2019 QCCQ 14903 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002413-190 DATE: December 19, 2019 ______________________________________________________________________ BY THE HONOURABLE LUCIE GODIN, J.C.Q. ______________________________________________________________________ MRS. [SOCIAL WORKER 1] & [SOCIAL WORKER 2], Youth Protection workers, duly authorized by the Director of Youth Protection a, working in [...] Applicants -and- X, residing and domiciled in [...] Child -and- MRS.

A, residing and domiciled in [...] Mother -and- MR. B, residing and domiciled in [...] Father ______________________________________________________________________ JUDGMENT (Sec. 38 of the Youth Protection Act ) ______________________________________________________________________ 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 the matter of X, born on [...], 2019. [ 2 ] The Director of Youth Protection (the Director) submitted an application asking the Court to declare that the security and development of the child are compromised under

section 38 (b) (1)iii. of the Youth Protection Act and order that the child be entrusted to a foster family with reintegration with the parents as soon as the situation allows it, but no later than March 19, 2020, and to order several assistance measures including a social follow-up by social services until December 31, 2020. [ 3 ] The Director alleged a series of facts. This judgment will refer to those facts. [ 4 ] The mother admits most of the facts alleged in the motion. She also agrees with the modified recommendations of the DYP. The father admits some facts, denies and ignores others.

He expressed his agreement with the recommendations of the DYP. [ 5 ] The evidence reveals the following facts. [ 6 ] The child is very young, he is seven months old. [ 7 ] The relationship of the parents is unstable. [ 8 ] They display conjugal violence issues and alcohol-related problems. [ 9 ] The lifestyle of the parents is inappropriate for the child as there is a recurrent presence of alcohol consumption. [ 10 ] On several occasions the parents left the child without proper supervision. [ 11 ] On four occasions since May 2019, the Youth Protection worker took immediate protective measures and entrusted the child to a foster family. [ 12 ] On September 23, 2019, the Youth Protection received a report that the child was found outside of his parents’ house alone on the ground. [ 13 ] The child was then under the care of a babysitter. [ 14 ] Between September and November 2019, the mother was living with the child at the maternal grandmothers’ place as a safety net.

[ 15 ] Since mid-November 2019, the mother left the maternal grandmothers’ place with the child. [ 16 ] The father is presently detained. [ 17 ] The parents are unable to provide a safe environment for the child. [ 18 ] The collaboration of the father with the Youth Protection is regular. [ 19 ] The mother refuses all intervention and she offers no collaboration. The mother does not realize the impact of consuming alcohol in the presence of her child. [ 20 ] The child was born prematurely. He is now seven months old, and he is a healthy child.

He is a smiling boy and reacts well to his mother’s affection. [ 21 ] Due to his age, he is highly vulnerable. The child is very young and greatly dependent on the care given by his parents since he has no way of protecting his physical and psychological integrity. [ 22 ] The child’s ability to develop to his full potential depends on the quality of care given to him by his parents. At the present time, the parents are struggling to provide proper care for themselves.

They are not in a position to assume their responsibilities towards the child. [ 23 ] Since the beginning of December the mother has shown more collaboration than usual. Her parental capacities towards her son are diminished when she consumes alcohol.

The mother and the father must collaborate with the DYP, if not the reintegration of the child with the mother may be jeopardized. [ 24 ] Given the age of the child, his high vulnerability, the personal issues of the parents, the Court concludes that all the facts alleged in this motion have been proven and that the recommendations of the DYP are in the best interest of the child. Therefore grants the application and declares that the security and development of the child are considered to be in danger and therefore orders the following measures.

FOR THESE MOTIVES, THE COURT: [ 25 ] GRANTS the application; [ 26 ] DECLARES that the security and development of the child are in danger according to

section 38 (b) (1)iii. of the Youth Protection Act ; [ 27 ] ORDERS that X be entrusted to a foster family; [ 28 ] TAKES JUDICIAL NOTICE that the grandmother has been assessed and accepted as a foster family and the child will be under her care; [ 29 ] AUTHORIZES the reintegration of the child with the mother in a maximum period of three months, no later than March 19, 2020; [ 30 ] ORDERS that the parents remain sober in the presence of the child; [ 31 ] ORDERS that the parents remain without any violent behaviour in the presence of the child; [ 32 ] ORDERS that the parents take an active

part in the application of any of the measures ordered by the Court; [ 33 ] ORDERS that the parents report in person, at regular intervals, to the Director to inform him of their current situation; [ 34 ] RECOMMENDS that the parents seek help through the social services concerning their alcohol and personal issues; [ 35 ] ORDERS that aid, counselling and assistance be provided to the child and his family until December 31, 2020; [ 36 ] ORDERS any peace officer to collaborate in the execution of the present judgment; [ 37 ] ENTRUSTS the situation of the child to the Director A for the purpose of executing the measures.

Signed in________ on January ____ 2020 __________________________________ LUCIE GODIN, J.C.Q.

M e Karianne Asselin Cain Lamarre, s.e.n.c.r.l. Lawyer for the DYP M e Geneviève Lucas Desmarais Desvignes Crespo s.e.n.c.r.l. Lawyer for the child M e Angèle Tommasel Lawyer for the mother M e Laurence Migué Legal Aid Lawyer for the father Date of hearing: December 19, 2019