2018 QCCQ 14871, 2018 QCCQ 14871

Protection de la jeunesse — 185453 2018 QCCQ 14871 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] COMMUNITY OF […] Youth Division No: 635-41-000873-189 DATE: July 9, 2018 ______________________________________________________________________ BY THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2018 [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of A Applicant v.

A , residing and domiciled in […] Mother ______________________________________________________________________ JUDGMENT ( sections 38 and 75 of the Youth Protection Act , R.S.Q. c. P-34.1) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of information allowing for a child or the child’s parents to be identified.

Every person who contravenes this provision is guilty of an offence and is liable to a fine ( ss. 11.2 , 11.2.1 and 135 Y.P.A .). [ 1 ] The Director of Youth Protection of A submitted an application for protection under ss. 38 and 91 of the Youth Protection Act ( Y.P.A .), concerning the situation of the child X, born on […], 2018. [ 2 ] At the hearing, the mother was not there even though she had been duly served with the proceeding. The applicant took many steps to confirm the presence of the mother. She met her on May 21, 2018, and reminded her to be at the airport to travel for the Court hearing.

She confirmed to the applicant that she would be there. The applicant went to the airport and the mother was not present. She tried to reach her without success. She called the FM radio station but received no news from the mother. [ 3 ] Considering the proof of service and the many attempts to ensure the presence of the mother, the Court is of the opinion that the mother chose not to be present in Court, so the Court will proceed in her absence. [ 4 ] Youth protection has been involved in the mother’s life since 2012. The mother has five children, including X.

The four older children are under the services of the Director and they are entrusted to foster families until they reach the age of majority. [ 5 ] During her pregnancy, prenatal follow-up care was irregular. The mother consumed alcohol and used drugs on a regular basis. [ 6 ] On 20 occasions, the mother was involved in events where the Regional Police Force (

A) had to intervene. On 11 of them, she was intoxicated by alcohol. [ 7 ] On October 13, 2017, the [police] were called to assist a person in distress as the mother attempted to commit suicide. [ 8 ] In the present situation, the mother continues to consume alcohol and marijuana as she did during her pregnancy. She gets involved with partners who are violent. She herself has problems with the law.

Moreover, the mother does not have her own house, staying in one relative’s house after another. [ 9 ] Unfortunately, she is passive about the steps she must take to change her lifestyle. [ 10 ] In the light of the evidence, the Court can only declare the security and development of the child to be in danger as a result of the risk of neglect under s. 38 ( b ) (2) of the Y.P.A. , due to the mother’s way of life. [ 11 ] The applicant also asks that the security and development of the child be declared to be in danger because he is at risk of physical abuse by the mother.

There is no evidence to support this request, and the applicant did not meet her burden of proving these facts on a balance of probabilities. [ 12 ] As for the applicable measures, it is clear from the evidence that the child is very vulnerable and must be entrusted in a foster family. Considering the mother’s long history of alcohol abuse and instability, it is necessary that she take concrete steps to address her

personal issues. The mother needs to make significant and long-term changes in her life. [ 13 ] The child has been placed since her birth. For such a young baby, the Y.P.A . prescribed a maximum length of 12 months of placement before establishing a permanent life plan. Consequently, if the mother maintains her lifestyle, the Director of Youth Protection will have to intervene to ensure that the child is cared in a secure and stable environment. FOR ALL THE ABOVEMENTIONED REASONS, THE COURT: [ 14 ] GRANTS the application; [ 15 ] DECLARES that the security or development of the child X, born on […], 2018, is in danger under

section 38 ( b ) (2) of the Youth Protection Act ; [ 16 ] ORDERS that the baby be entrusted to a foster family, chosen by the institution operating a child and youth protection center; [ 17 ] ORDERS the mother takes an active

part in the application of any measures ordered by the Tribunal; [ 18 ] ORDERS that the mother report in person, at regular intervals, to the director to inform him of the current situation; [ 19 ] ORDERS that the baby receive specific health care and health services required by her situation, to be determined by health professionals; [ 20 ] RECOMMENDS that the mother seek help for her alcohol, drug and personal relationship issues through social services or a therapy program; [ 21 ] ORDERS that contact between the baby and the mother be determined by the Director as to the terms, frequency and degree of supervision; [ 22 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the baby and the baby’s family; [ 23 ] ORDERS that the mother remain sober in the presence of the baby; [ 24 ] ORDERS that the mother refrain from all violent behaviour in the presence of the baby; [ 25 ] WITHDRAWS the mother’s parental authority regarding school, daycare, medical, travel and passport if the mother is unable to give her consent in a timely manner; [ 26 ] AUTHORIZES the Director of Youth Protection to sign all consents regarding such matters; [ 27 ] ORDERS the police to collaborate on the enforcement of the order; [ 28 ] ENTRUSTS the situation of the child to the Director of Youth Protection of A for the purpose of executing the order; [ 29 ] THE WHOLE until February 28, 2019. __________________________________ RENÉE LEMOINE, J.C.Q.

Mtre Cassandra Neptune Attorney for the child Mtre Genevieve Apollon Attorney for the applicant Date of hearing: May 24, 2018