2023 QCCQ 7407, 2023 QCCQ 7407

Protection de la jeunesse — 231485 2023 QCCQ 7407 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 555-41-000237-229 DATE: March 21 st , 2023 ______________________________________________________________________ BY THE HONOURABLE JEAN-FRANÇOIS NOËL, J.Q.C. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Petitioner and X , born on […], 2022 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 for protection in the situation of the child X, aged 6 months, alleging that her security and development are endangered because of a situation of physical neglect (instability of the mother with regards to her dwelling) and a serious risk of neglect (mother’s history of drugs use and mental health issues). [ 2 ] In terms of measures for the next six months, the Director recommends that the child be entrusted to the paternal grandmother, that contacts between the child and the mother be supervised and determined by agreement between the parties or else be held once every two weeks for two hours, and that contacts between the child and the father be determined by agreement between the parties.

The Director also recommends that the mother receive care and services in relation to her parental abilities and her consumption issues. Finally, the Director is asking the Court to be authorized to complete the child’s registration with the Directeur de l’état civil to obtain the child’s birth certificate. [ 3 ] The motion is uncontested. The alleged motives are admitted, and all agree with the Director’s recommendations. ANALYSIS [ 4 ] The Director is already involved in the situation of the child’s three siblings, who are entrusted to the father, Mr.

B. [ 5 ] The mother is unstable, including in terms of housing. She also uses drugs (“speed”) on a regular basis and there are serious concerns with regards to her mental health. She was incarcerated from late October to late December 2022. Since her release, she has

only seen the child on three occasions. [ 6 ] The mother has yet to complete the paperwork needed to obtain the child’s birth certificate, despite being repeatedly asked to do so. She consents to the Director being authorized to complete the process, indicating Mr. B as the child’s father. [ 7 ] The child is currently entrusted to the paternal grandmother, given the father’s busy schedule. The child has regular visits with her father and her siblings and is doing well. [ 8 ] The evidence is conclusive that the child’s security and development are endangered for the alleged motives.

The proposed protection measures are in the child’s interest, well suited to her needs and respectful of her rights. [ 9 ] THEREFORE THE COURT : [ 10 ] GRANTS the motion; [ 11 ] DECLARES that the security and the development of the child are endangered because of physical neglect (instability of the mother with regards to her dwelling) and a serious risk of neglect (mother’s history of drugs use and mental health issues); [ 12 ] ORDERS the implementation of the following protection measures for a period of six months:

a) That the child be entrusted to her paternal grandmother, Mrs. C;

b) That contacts between the child and her father, Mr. B, be determined by agreement between the parties;

c) That contacts between the child and the mother be supervised and determined by agreement between the parties as to the other modalities, if there is no agreement they will occur once every two weeks for a duration of two hours;

d) That a person authorised by the Director of Youth Protection [of the region A] Integrated Health and Social Services Center provide aid, counsel and assistance to the child and the family; [ 13 ] RECOMMENDS the mother to receive the care and services required by her condition, particularly in relation to her parental skills and consumption issues; [ 14 ] AUTHORIZES the Director of the Youth protection to complete the child’s registration with the Directeur de l’étal civil , indicating M.

B as the child’s father; [ 15 ] ENTRUSTS the situation of the child to the Director of Youth Protection who shall then see that the measures are carried out. __________________________________ JEAN-FRANÇOIS NOËL, J.Q.C. M e Kevin Dupéré Counsel for the Director of Youth Protection M e Amélie Samson Counsel for the child M e Émilie Laplante Counsel for the mother B Father - acting personally Date of hearing: March 21 st , 2023