2018 QCCQ 13084, 2018 QCCQ 13084

Protection de la jeunesse — 183416 2018 QCCQ 13084 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 614-41-000320-186 DATE: June 22, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2016 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A Applicant and A, residing and domiciled in […] Mother and B, residing and domiciled in […] Father ______________________________________________________________________ JUDGMENT (Sections 38 and 91 Y.P.A., R.S.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 ] The Director of Youth Protection A submits to the Court an application to have the security and development of X, born on [...], 2016, in danger because of the abandonment by her parents, the parents’ neglect in regard of his education and the serious risk of neglect (section 38 (a) , (b) (1) iii. and (b)

(2) Y.P.A.). [ 2 ] The mother is present at the hearing, represented by Me Michel Grenier. Me Yan Massé represents the child and Me Adélia Ferreira the applicant. The father is absent. [ 3 ] With the admissions made by the mother, the following facts are proven : 3.1. The parents arrived in City A in January 2018. They do not have a stable place to live. The father has issues with drugs and alcohol. The mother had serious problems with alcohol before her arrival in City A and still has some; 3.2. The parents were living in City B in [Province A] and the Children’s Aid Society was intervening in the family.

The mother was ordered there to attend for an alcohol assessment. The parents were both ordered to attend A Program. The mother and the father did not complete any of the recommendation; 3.3. Since the parents are in City A, they had many arguments. On April 12, they got into an argument and they left the child with the paternal grandmother who could not take care of the child because she works and her house is too crowded; 3.4. The mother declared that she was going to leave the child with the Youth Protection for the moment because she could not take care of her since the parents did not have a home.

The mother was supposed to go at the A Woman’s shelter. Since she left the community, her whereabouts are unknown and she did not communicate with the youth protection worker; 3.5. The father stated he was going to City C but his whereabouts are also unknown; 3.6. The parents are not in position to care for the child and the seriousness of their issues while they lived in Ontario is unknown at the present time; 3.7.

Concerning the child’s situation, it appears that the last vaccination she received was when she was four months old and she missed the rest because the parents did not follow-up. [ 4 ] Those facts as admitted are sufficient to declare the security and development of X in danger because of the serious risk that

her needs will be neglected by her parents (section 38 (b)

(2) Y.P.A.), but there is no sufficient proof of abandonment nor neglect for her education or supervision. [ 5 ] As applicable measures, the social worker recommends in her orientation report the child’s placement in a foster home for nine months and the withdrawal of certain parental authority. [ 6 ] The mother agrees with the placement of X in a foster home for nine months, but does not accept the withdrawal of certain attributes of her parental authority.

The mother will collaborate with the social worker and will always be reachable. [ 7 ] Up to now, the social worker never succeed to reach her at the addresses she gave, but now the mother will be honest with the social worker. She is now receiving welfare and will get an apartment and a phone.

Following the recent meeting, the mother admits having issues and accepts to make steps to attend treatment in [Center A] or [Center B]. [ 8 ] With the recent collaboration of the mother, the social worker learned that the child was placed in foster family for four months, that the mother had problems with drugs last year and that her marital relation was conflictual. [ 9 ] The social worker needs to get all the previous information from the services provided by the A Society to be in position to offer the appropriate services to the parents. [ 10 ] With the actual evaluation, it is necessary to provide a stable, secure and nurture environment to the child. [ 11 ] The child is young and vulnerable.

She needs to be protected from her parents’ lack of commitment to her. [ 12 ] The parents needs to demonstrate rapidly that they are taking steps to treat their serious issues. They have to seek help with parenting skills, life skills and alcohol and drugs consumption issues. [ 13 ] Considering the evidence and the mother’s agreement with the recommendations, THEREFORE, THE COURT: [ 14 ] ALLOWS the application; [ 15 ] DECLARES that the security and development of X are in danger with regard to

section 38 (b) (2) of the Youth Protection Act; [ 16 ] ORDERS the placement of X in a foster family for nine months with reintegration with her mother; [ 17 ] ORDERS the Director of Youth Protection to supervise the contacts between the parents and the child as for the frequency and modalities (duration, location and the presence of a third party if required); [ 18 ] RECOMMENDS the mother to attend treatment program for alcohol and drugs consumption; [ 19 ] RECOMMENDS the father to complete a substance abuse treatment program in a recognized treatment facility and follow all the recommendations; [ 20 ] RECOMMENDS that the parents seek help to increase their parental skills; [ 21 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the parents and the child for one year; [ 22 ] ORDERS the parents to collaborate actively with the Director of Youth Protection; [ 23 ] AUTHORIZES the Director of Youth Protection to access the information regarding the parents’ presence at appointments with professionals and their level of involvement in the services provided; [ 24 ] ORDERS the mother to inform the Director of Youth Protection of any change of address or phone number; [ 25 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Adélia Ferreira Attorney for the applicant Me Michel Grenier Attorney for the mother Me Yan Massé Attorney for the child

Date of hearing: May 24, 2018