2017 QCCQ 1784, 2017 QCCQ 1784

Protection de la jeunesse — 17533 2017 QCCQ 1784 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 105-41-000427-162 DATE: January 30, 2017 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Petitioner and X born on [...], 2016 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 ] The child is extremely vulnerable, due to her young age. Both parents have personal issues to deal with. The mother has a history of drug addiction and was on a methadone program until recently. The father had problems with anger management. Both were followed by social services during their childhood. [ 2 ] The parents meet through internet while the mother is already pregnant.

In May 2016, the mother leaves Prince Edward Island to go live with the father in New Brunswick. [ 3 ] A child protection investigation takes place as soon as the baby is born. For a short period of time, the mother gets involved in a support program called First Steps. There are concerns about her ability to take care of her baby. Moreover, the young couple fights a lot. The parents also have difficulties budgeting. [ 4 ] The family leaves New Brunswick in October, without advising their social worker.

The child’s situation is reported to the director of youth protection (DYP) shortly after. [ 5 ] On November 4, the social worker meets with the family and the father shows signs of impulsivity and aggressiveness. [ 6 ] On November 28, the mother calls the police to say her child is in danger. The mother states she wants to leave the area with the baby but the father would not let her. They argue in the presence of the child. The DYP applies immediate protective measure on that day.

For a couple of days, the child is entrusted to a third person close to the parents. [ 7 ] Since December 5, the child is entrusted to a foster family, under provisional measures. [ 8 ] The parents do not live together anymore. In fact, for a few weeks, the mother goes back and forth from a motel room to the father’s apartment. In December, she moves in with a friend’s mother, then into an apartment. Since last June, the mother has moved approximately six times. [ 9 ] The parents’ relationship remains highly conflictual. They blame each other and cannot communicate properly.

[ 10 ] Supervised visits take place between the parents and the child. They raise concerns about parental capacity. The father needs help to take basic care of the baby, notably to feed her and change her diaper.

The mother seems to have basic skills but the child looks uncomfortable when she holds her. [ 11 ] On some occasions, the mother comes to the visits with a friend and she relies on her to take care of the child. [ 12 ] The evidence convinces the Court that the child’s security and development are in danger because she is submitted to a serious risk of neglect and she suffers from psychological ill treatment, being exposed to parental conflicts and domestic violence. [ 13 ] The measures, recommended by the DYP and to which all parties agree, meet the child’s best interest. [ 14 ] If the parents want to have their child entrusted back to them, they will have to take steps in order to improve their situation, rapidly.

WHEREFORE, THE COURT: [ 15 ] GRANTS the application for protection; [ 16 ] DECLARES that the security and development of X are considered to be in danger according to

section 38 of the youth protection act ; [ 17 ] ORDERS that the child be entrusted to a foster family designated by the DYP until November 30, 2017; [ 18 ] ORDERS that contacts between the child and her parents are determined following an agreement between the parties, including their supervision as long as deemed necessary; [ 19 ] ORDERS that the child and her parents benefit from external educator services; [ 20 ] RECOMMENDS that the parents submit themselves to a parental capacities assessment; [ 21 ] RECOMMENDS that the parents take an active

part in the services that are offered to them for their personal difficulties; [ 22 ] RECOMMENDS that the mother submit herself to random drug screening tests; [ 23 ] ORDERS that the parents actively participate in the application of the measures ordered; [ 24 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and her family until November 30, 2017; [ 25 ] ENTRUSTS the situation of the child to the director of youth protection 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 petitioner Me Alexis Deschênes for the child Me Cédric Leblanc Falardeau for the mother Me Annie Dupuis for the father Written judgment filed on February 3, 2017