2018 QCCQ 13763, 2018 QCCQ 13763

Protection de la jeunesse — 184168 2018 QCCQ 13763 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] LOCALITY OF […] « Youth Court Division » N°: 525-41-0 33710-187 Date: May 22, 2018 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...] 2007 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT

Section 38 of the Youth Protection Act (L.R.Q., c. P-34.1 ) 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 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of May 22, 2018, in accordance with the provisions of

section 90 of the Youth Protection Act [1] . [ 2 ] The Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A filed an Application to declare that the security or development of a child is in danger in the case of X , a ten year-old child, based on the neglect, serious risk of neglect and psychological ill-treatment to which he is exposed. [ 3 ] The Court was also presented with similar applications regarding the child’s siblings whose situations are addressed in separate judgments. [ 4 ] The facts alleged in support of the application dated March 15, 2018 are as follows: 3.1. up to December 2017, the child lived with the mother and Mr.

C; 3.2. for the past four years, the maternal grandfather has also lived with the family; 3.3. the maternal grandfather is a chronic alcoholic; 3.4. there were frequent conflicts and arguments between the mother and maternal grandfather, and these occurred in the presence of the child; 3.5. there were also frequent arguments between the mother and Mr. C that twice required police intervention, and these occurred in the presence of the child; 3.6. the mother neglected the child’s basic needs regarding lack of appropriate hygiene and stimulation; 3.7. since around December 2017, the mother and Mr.

C separated; 3.8. in the months leading up to the separation, the mother consumed cocaine on a more regular and frequent basis;

3.9. more recently, in early February 2018, the mother consumed cocaine on a more regular and frequent basis; 3.10. the mother has been diagnosed with an anxiety disorder and possible depression; 3.11. the mother fails to take her medication as prescribed; 3.12. the mother also demonstrated severe symptoms of paranoia and agitation; 3.13. together, the drug consumption and disorganization led to the mother’s hospitalization for two days in early February 2018; 3.14. following the hospitalization, the mother reached out for substance abuse and mental health treatment; 3.15. on February 7, 2018, immediate protective measures were invoked and the child was entrusted to his paternal grandmother, D; 3.16. since then, the mother left the maternal grandfather and went to stay with the child’s sibling’s paternal grandfather, E, where the child’s siblings were entrusted; 3.17. the conditions imposed on the mother’s living there with the siblings include being free from drug and alcohol consumption, and taking her prescribed medication; 3.18. the mother appears to have maintained her sobriety and states that she takes her prescribed medication, but the situation remains fragile; 3.19. the father normally lives in [Country A] and has irregular contact with the child; 3.20. the father has not been involved in the intervention; 3.21. ongoing entrustment to the paternal grandmother is required (reproduced with errors and/or omissions). [ 5 ] In light of the foregoing, the Director recommends that the child be entrusted to his paternal grandmother, Ms.

D, with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 6 ] The mother, assisted by Me Sureau, admitted most of the facts alleged in support of the application. However, she categorically denies neglecting the child’s basic needs regarding appropriate hygiene.

She expressed her consent to all the proposed measures. [ 7 ] The father, who chose to proceed without the assistance of legal counsel, also consented to the proposed measures. [ 8 ] The child, assisted by Me DuSablon, admitted many of the facts alleged and also agreed to the proposed measures. [ 9 ] The Director filed Exhibits D-1 to D-4 as evidence: D-1: Child’s birth certificate; D-2: Police Report dated February 2, 2018; D-3: Police Report dated February 7, 2018; D-4: Court Report, prepared by [Social Worker 1], dated May 14, 2018. [ 10 ] In

summary, the mother acknowledges that her substance abuse and mental health issues negatively impact her ability to effectively fulfill her parental responsabilities. [ 11 ] She appears committed to benefit from treatment for substance abuse as well as to stabilise her mental health. [ 12 ] The father explained that he travels frequently for business, spending much of his time in [Country A]. He nonetheless remains very involved in the lives of his six children and communicates daily with his son X.

He agrees that the child should be entrusted to his own mother with whom the child has a very close relationship, while benefitting from frequent contacts with his mother. [ 13 ] In fact, following discussions prior to the hearing, all the parties agreed upon the measures best-suited to meet the child’s needs under the circumstances. [ 14 ] Consequently, given the admissions and consent expressed by each of the parties, the Court is satisfied that the application is well-founded and that the measures are in the child's interest.

THEREFORE, THE COURT: [ 15 ] GRANTS the application; [ 16 ] DECLARES that the security and the development of the child, X , are in danger under sections 38 (b) (1) (iii), 38 (b) (2) and 38 (

c) of the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 17 ] ORDERS that X remain entrusted to his paternal grandmother, Ms. D;

[ 18 ] TAKES JUDICIAL NOTICE that she is being assessed as a Proximity Foster Home and, should she be approved, ORDERS that X be entrusted to the foster home of Ms.

D; [ 19 ] ORDERS that he receive all health care services required, more particularly regular pediatric care and speech therapy; [ 20 ] ORDERS that the frequency and modality of contacts between X and his mother be determined by the Director of Youth Protection following the agreement reached between the parties to the effect that contacts will occur at a frequency to be determined by the parties and will be supervised by the grandmother under the following conditions: • that the mother has participated for at least four weeks in a weekly treatment program at A Pavilion and thereafter continues to attend regularly TAKING JUDICIAL NOTICE of the mother’s undertaking to do so; • that the mother participates in random alcohol and drug testing and that the results are negative; • that the mother participates in a parenting program as recommended; • that the mother and the grandmother not expose the child to any conflict; • that the Director of Youth Protection make unannounced visits in the home and that 24 hour prior notice be given to the Director of Youth Protection before the mother’s visit; [ 21 ] ORDERS that the frequency and modality of contacts between X and Mr.

O’Toole-MacDonald be agreed upon by all parties; [ 22 ] RECOMMENDS that the mother take steps to address her substance abuse issues as well as her mental health and to persevere with her efforts; [ 23 ] RECOMMENDS that the mother undergo random drug and alcohol testing when required by the Director of Youth Protection; [ 24 ] RECOMMENDS that the mother receive medical and mental health follow-up; [ 25 ] AUTHORIZES the Director of Youth Protection to exchange relevant information with her treating professionals regarding participation and attendance; [ 26 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the child and his family; [ 27 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out; [ 28 ] THE WHOLE for a period of one year.

Signed on June 27, 2018 TAYA DI PIETRO, Q.C.J. Me Christine Waldvogel Attorney for the Director of Youth Protection Me Claudine DuSablon Attorney for the child Me Maïa Sureau Attorney for the mother TD/vl