2018 QCCQ 20733, 2018 QCCQ 20733

Protection de la jeunesse — 1811527 2018 QCCQ 20733 JO0374 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] Youth Division No: 525-41-033499-187 DATE : March 22, 2018 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X Born […], 2017 Director of Youth Protection A Applicant A Father B Mother ______________________________________________________________________ JUDGMENT (Section 38, Y.P.A.) ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act, no person may publish or broadcast information allowing 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 (Y.P.A. sections 11.2.2 and 135). [ 1 ] The Director of Youth Protection (the Director) is asking the Court to declare that the security and the development of the child X are endangered as a result of negligence by failing to provide for the child’s basic needs as well as a serious risk of negligence. [ 2 ] The Director alleges that the parents’ drug consumption issues and financial difficulties prevent them from offering a stable and secure living environment to their young child. [ 3 ] Consequently, the Director is proposing that the child remain in the care of her paternal grandmother to whom she is currently entrusted. [ 4 ] The majority of the allegations are admitted by the parents who consent to the measures proposed. [ 5 ] The attorney representing the child supports the Director’s position as well.

The Situation [ 6 ] On January 12, 2018, the Director retained a signalement to the effect that the child’s wellbeing was at risk. The investigation that followed revealed the following: [ 7 ] Both parents are dealing with a longstanding dependency to crystal methamphetamines. The mother consumed drugs during the first trimester of her pregnancy and resumed again after the birth.

The father tends to minimize his drug use and its impact on his parental skills although more recently he appears to acknowledge the seriousness of his situation. [ 8 ] The mother is working on abstinence and the most recent drug test has been negative whereas the father’s results were positive. [ 9 ] The parents’ financial situation remains precarious. They have been evicted from their apartment and have not yet secured permanent housing. [ 10 ] Furthermore, the father has since been incarcerated for failing to respect the terms of a sentencing order. He hopes to be released next April.

Meanwhile, he is participating in a drug program offered in detention. [ 11 ] Although the mother has expressed a sincere desire to collaborate, she struggles with organizing and managing her daily life.

Consequently, she is inconsistent with visits and with the social follow-up. She acknowledges feeling overwhelmed and requires support to manage her current situation. Finding an apartment and committing to drug therapy are among the first priorities. [ 12 ] In conversations with the worker, the father also expresses feeling overwhelmed and preoccupied by his current predicament. Upon his release, he intends to stabilize his living situation and work on his drug issues.

He acknowledges that he has lacked transparency in the past but asserts that he will do what is necessary in his daughter’s interest and hopes to have regular contact with her as soon as possible. Conclusion [ 13 ] The evidence establishes that neither parent is able to care for the child at this time as a result of serious personal difficulties that have yet to be addressed. Although both parents acknowledge their need for services and are willing to cooperate, no concrete plan has been established at this time.

Both parents will need to commit to participating in the services required to deal with their problems. [ 14 ] An evaluation of the evidence leads to the conclusion that the security and the development of the child are endangered for the reasons invoked by the Director. Considering the instability of their current situation, the child’s return to her parents in the short term is unlikely and justifies the Director’s recommendation. [ 15 ] The parents’ acknowledgement of their issues and their willingness to receive help is encouraging.

The court invites them to commit to the intervention plan and to follow through with the Director’s recommendations. [ 16 ] FOR THESE REASONS, [ 17 ] THE COURT: [ 18 ] GRANTS the motion; [ 19 ] DECLARES that the security and development of the child is endangered as a result of negligence by failing to provide for basic physical needs and as a result of a serious risk of negligence; [ 20 ] ORDERS that the child remain entrusted to the care of her paternal grandmother, C, TAKING JUDICIAL NOTICE that she is currently being assessed as a Proximity Foster Family; [ 21 ] In the event that she is approved, ORDERS that the child be entrusted to the foster home of C; [ 22 ] ORDERS that the frequency and modality of contact between the child and her parents be determined by the DYP, including supervision if deemed necessary; [ 23 ] TAKING JUDICIAL NOTICE of their consents to do so, RECOMMENDS that both parents participate in a substance abuse treatment program and follow through with any recommendation made by the treating professionals; [ 24 ] TAKING JUDICIAL NOTICE of their consents to do so, ORDERS that both parents undergo random drug testing as requested by the Director; [ 25 ] ORDERS that the parents take steps to stabilize their housing, employment, immigration and financial situations, and report back to the Director on the steps taken; [ 26 ] ORDERS that the parents cooperate with the Director and meet with a delegate when requested to do so; [ 27 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the child and her family; [ 28 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection of the CIUSSS A who shall then see that the measures are carried out; [ 29 ] THE WHOLE for a period of one year.

SIGNED IN TOWN A On April 17, 2018 __________________________________ KAREN OHAYON, J.C.Q. Sym Davis

Attorney for the D.Y.P. Marie-Josée Ayoub Attorney for the child Louise Denault Attorney for the father Date of hearing: March 22, 2018 KO/lf