2018 QCCQ 12713, 2018 QCCQ 12713

Protection de la jeunesse — 183029 2018 QCCQ 12713 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 140-41-000545-184 DATE: May 14, 2018 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2018 Child and A and B Parents/Defendants ______________________________________________________________________ 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 ] On the day she is born, the baby’s situation is reported to the director of youth protection (DYP), referring to a serious risk of neglect. [ 2 ] One month later, the DYP now asks the Court to declare that the security or development of the child is in danger and therefore to order the application of protective measures. [ 3 ] Both parents as well as the child’s counsel agree with the DYP. [ 4 ] The evidence can be summarized as follows. [ 5 ] The baby is the parents’ first child.

At birth, she presents symptoms of drugs withdrawal. A drug screening test takes place and the results are positive to methamphetamine. [ 6 ] The mother suffers from long lasting drug addiction issues. While pregnant, she nevertheless uses cannabis and methamphetamine, until 30 weeks of pregnancy. Moreover, she relapses afterwards, until the baby’s birth. Surprisingly, the father is not aware of the extent of his common law spouse’s addictions and does not notice she takes drugs during the last months. [ 7 ] The mother also shows cognitive problems.

She mentions she received a diagnosis of intellectual disability during her teenage years. She did not complete high school and never had a job. [ 8 ] The situation is worrying from the outset. Therefore, when the child gets her leave from the hospital, she is entrusted to her paternal grandparents, on a provisional basis. [ 9 ] The mother admits her problems and says she wants to get counselling. However, she still has to undertake steps in order to receive professional help in regards with substance abuse issues. [ 10 ] Both parents cooperate with the DYP. During visits, they take good care of their baby.

At first, the father lacks initiative, but it is improving. The parents listen to advice provided by professionals. They learn to feed, change and comfort the baby. The mother is

very affectionate with her daughter. In fact, the parents seem to complete each other in the various things to do in order to provide the necessary care to the child. [ 11 ] The parents are eager to have their daughter entrusted to their care. The father is on a paternity leave and will only go back to work next December. He commits himself to be vigilant and tell the DYP if the mother relapses. [ 12 ] The evidence convinces the Court that the child is submitted to a serious risk of neglect. [ 13 ] However, the father’s presence and both parents’ cooperation are reassuring, as to the child’s security.

Therefore, the measures recommended by the DYP meet the child’s interest, despite her extreme vulnerability. WHEREFORE, THE COURT: [ 14 ] GRANTS the application for protection; [ 15 ] DECLARES that the security and development of X are considered to be in danger according to

section 38b)2 o of the youth protection act ; [ 16 ] ORDERS that the child be entrusted to her parents; [ 17 ] ORDERS that the family benefit from services of an external educator as long as deemed necessary by the DYP; [ 18 ] FORBIDS the mother to take drugs or be under the influence of drugs in presence of the child; [ 19 ] RECOMMENDS that the mother involve herself in addiction counselling; [ 20 ] RECOMMENDS that the mother submit herself to random drugs screening tests; [ 21 ] RECOMMENDS that the mother submit herself to a psychological assessment; [ 22 ] ORDERS that the parents actively participate in the measures ordered to put an end to the situation of endangerment; [ 23 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and her family until May 31, 2019; [ 24 ] 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; [ 25 ] ORDERS the parties to conform themselves to the present order. __________________________________ JANICK POIRIER, J.C.Q.

Mme Myriam Dufresne Intern in law, for the applicant Me Mylène Murray for the child

Mrs. A the mother Mr. B the father Written judgment filed on May 15, 2018