2021 QCCQ 9080, 2021 QCCQ 9080

Protection de la jeunesse — 211372 2021 QCCQ 9080 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 565-41-000451-217 DATE: February 9 th , 2021 ______________________________________________________________________ BY THE HONOURABLE JEAN-FRANÇOIS NOËL, J.Q.C. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Petitioner and X , born on [...], 2019 Child and A B Parents ______________________________________________________________________ JUDGMENT (sections 38 and 75, 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 ] The Court is seized of a motion under

section 38 of the Youth Protection Act (Y.P.A.) concerning the child X, aged 18 months. [ 2 ] The Director of Youth Protection (the Director) alleges that the child’s security or development is endangered as a result of a situation of educational neglect (failure to provide the child with appropriate supervision) as well as because of a serious risk of neglect due to the mother’s consumption issues. [ 3 ] In terms of measures for the next twelve months, the Director recommends that the child remain with her family and that the parents receive services in order to address their difficulties (parental abilities for both parents in addition to substance abuse for the mother). [ 4 ] The evidence reveals that the mother has consumption issues and that she is unstable in terms of housing.

Of particular concern is the fact that she entrusted the child to a babysitter without ensuring that she was adequately cared for. The mother spent the night at a friend’s house and claims that her phone ran out of batteries. The babysitter eventually left, and the child was found alone at the mother’s place. [ 5 ] The Director previously intervened for similar motives in relation to the mother’s older child (whom she had left alone in a hotel room). [ 6 ] The parents have a highly conflictual relationship and they communicate with much difficulty.

The father expresses concern about his daughter’s safety while under the mother’s care and his preference would be for the child to be entrusted to him on a full-time basis. However, his involvement is very recent and the baby has a developed a strong bond with her mother. For the time being, the

parents agree to share custody of the child. [ 7 ] The mother has now moved in with the maternal grandmother, who offers a good safety net. While the mother is eventually looking to move into a place of her own, this won’t happen before several months and the mother is encouraged to use this time to stabilise her situation. Needless to say, the Director will need to keep a close eye on things. [ 8 ] The parents recognise the situation and agree with the proposed measures.

The motion is well-founded in fact and in law and the proposed measures are adequate in the current circumstances. [ 9 ] THEREFORE THE COURT : [ 10 ] GRANTS the petition; [ 11 ] DECLARES that the security and the development of the child are in danger as a result of educational neglect (failure to provide the child with appropriate supervision) as well as because of a serious risk of neglect due to the mother’s consumption issues; [ 12 ] ORDERS the implementation of the following protection measures:

a) That the child remain with her family;

b) That a person authorised by the First Nations Services of the [A] Integrated Health and Social Services Center provide aid, counsel and assistance to the child and her family for a period of 12 months;

c) That the parents take an active

part in the implementation of the measures aimed at putting an end to the situation which is endangering the security and development of the child; [ 13 ] RECOMMENDS :

a) That the mother implicate herself in a follow-up with regards to her parental abilities and her substance abuse;

b) That the father implicate himself in a follow-up with regards to his parental abilities; [ 14 ] ENTRUSTS the situation of the child to the Director of Youth Protection who shall then see that the measures are carried out. Signed on March, 24 th , 2021. __________________________________ JEAN-FRANÇOIS NOËL, J.Q.C. M e Danielle Pharand Counsel for the Director of Youth Protection M e Andréa Caron Counsel for the child A Mother B Father Date of hearing: February 9 th , 2021.