2018 QCCQ 20737, 2018 QCCQ 20737

Protection de la jeunesse — 1811531 2018 QCCQ 20737 JO0374 COURT OF QUEBEC CANADA PROVINCE OF[…] DISTRICT OF […] Youth Division No: 525-41-034429-183 DATE : December 10, 2018 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X Born […], 2018 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 or the development of X is endangered as a result of a serious risk of negligence [ 2 ] The applicant submits that the child is at risk as a result of the parents’ longstanding history of drug abuse and residential instability.

The family is known to the Director given that the child’s older sibling is currently entrusted to the maternal grandmother under the Youth Protection Act. [ 3 ] Considering the parents’ collaboration since the Director’s intervention, the Director is proposing to maintain the child in the mother’s care, conditional to her residing in a structured environment approved by the case worker.

A social follow-up along with other corrective measures is proposed for a year. [ 4 ] The majority of the allegations are admitted by the parents who consent to the measures proposed. [ 5 ] The attorney for the child approves of the measures proposed. The state of endangerment [ 6 ] The evidence establishes the following: [ 7 ] Both parents are dealing with a longstanding dependency to crystal methamphetamines. Their personal difficulties have led to a precarious financial situation and chronic residential instability.

The father has a history of criminal convictions and began serving a prison sentence in the months prior to the child’s birth. [ 8 ] The child was born prematurely and remained hospitalized as a result of a low birth weight and respiratory distress. At the time of the child’s birth, the mother was homeless and the father was in a transition home. [ 9 ] Despite her precarious situation, the mother has managed to collaborate with the follow-up ordered in the case of the child’s sibling [1] . She has been transparent and motivated to improve her situation.

She has further participated in services with [organization A], a community organization serving pregnant women in need of assistance. Random drug tests confirm that she is maintaining abstinence.

[ 10 ] The child’s situation was reported to the Director within 48 hours of his birth. At that time, the mother was living with friends and was awaiting a place at a shelter. She has since secured a place at [home A] that she can maintain for up to a year. She is currently putting order in her life which includes taking steps to secure her immigration status. [ 11 ] The father affirms that he has ceased consuming drugs since February 2018 and has recently completed an eight week drug rehabilitation program at […] Pavillion A.

Following his transfer to a transition home, he has participated in a paid training program. He has since been released from the transition home and is currently residing at [home B], a community shelter. He has collaborated with the Director and hopes to get his life back on track. [ 12 ] The evidence establishes that the parents’ personal difficulties present a significant risk to the child’s well-being and confirms the need for the Director’s intervention.

Although they are collaborating well with the services proposed and appear to be on the right track, close monitoring of the situation is required. [ 13 ] Considering the admissions of the parties and the information contained in the Court reports filed into evidence, the Court concludes that the security and development of the child is endangered as a result of a serious risk of negligence. The Measures [ 14 ] Both parents acknowledge that they must stabilize their lives before attempting to reunite as a family.

They are in the process of making the changes required to achieve this objective. [ 15 ] The child is developing well and the mother has ensured that all medical appointments are respected. [ 16 ] The measures proposed are intended to assist the parents in correcting their personal difficulties while monitoring the child’s progress and situation. The court is encouraged by the parents’ transparency and motivation to change. Nevertheless, this process is in its early stages and much has yet to be accomplished.

The parents are encouraged to pursue their objectives by demonstrating a committed and sustained effort to permanently modify their previous lifestyle. [ 17 ] After considering all of the evidence, and taking into account the consent of the parties, the Court concludes that the measures proposed by the Director are in the child’s best interest. [ 18 ] FOR THESE REASONS, THE COURT: [ 19 ] GRANTS the motion; [ 20 ] DECLARES that the security and development of the child are endangered as a result of a serious risk of negligence; [ 21 ] ORDERS that the child be entrusted to the care of his mother on the condition that she resides in a location approved by the Director; [ 22 ] ORDERS that the parents not be under the influence of any drugs or narcotics except with a medical prescription when in the child’s presence; [ 23 ] RECOMMENDS that the mother complete her recovery maintenance program; [ 24 ] RECOMMENDS that the parents continue to collaborate with community services notably [organization A]; [ 25 ] TAKING JUDICIAL NOTICE of their consents to do so, ORDERS that both parents undergo random drug testing as requested by the Director; [ 26 ] ORDERS that the parents continue to take steps to stabilize their housing, employment, immigration and financial situations, and report back to the Director on the steps taken; [ 27 ] ORDERS that the parents cooperate with the Director and meet with a delegate when requested to do so; [ 28 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the child and his family; [ 29 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection B who shall then see that the measures are carried out; [ 30 ] THE WHOLE for a period of one year.

SIGNED IN TOWN A On December 20, 2018 __________________________________ KAREN OHAYON, J.C.Q.

Me Christine Waldvogel Attorney for the D.Y.P. Me Maude Jasmin Attorney for the child Me Younes Ameur Attorney for the mother Date of hearing: December 10, 2018 KO/lf