2018 QCCQ 12714, 2018 QCCQ 12714

Protection de la jeunesse — 183030 2018 QCCQ 12714 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 140-41-000548-188 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 ] The director of youth protection (DYP) asks the Court to declare that the security or development of the child is in danger, referring to a serious risk of neglect. The DYP recommends that the baby remain with his parents and that protective measures be ordered. [ 2 ] The child’s lawyer agree with the DYP’s recommendations.

The parents are present in the court house, but they leave before the hearing takes place, after telling the other parties they also agree. [ 3 ] The mother has to deal with long lasting personal problems which interfere with the exercise of her parental duties. In the past, she suffers from drug addictions and she is very unstable. Last year, she is hospitalized following a drug overdose.

She also suffers domestic violence from previous partners. [ 4 ] The mother’s three older children are the object of protective measures and are currently entrusted to their grandmother and, for the oldest, to a rehabilitation centre. According to a judgment concerning the children who live with their grandmother, a progressive return to the mother’s care is foreseen within the next few months. [ 5 ] The parents are in a relationship since last summer. The father is a good support for the mother.

According to the mother, it is the first time she experiences a nonviolent conjugal relationship. [ 6 ] At birth, the baby shows signs of withdrawal. During pregnancy, the mother smokes marijuana and she also takes her medication in regards with anxiety and mental health issues. [ 7 ] The mother admits smoking marijuana on a daily basis. However, she states being sober from other drugs since the spring of 2017. Concerning her mental health issues, she is on a waiting list to see a psychologist. [ 8 ] Both parents take adequate care of the baby. Nevertheless, the situation remains fragile.

The mother’s problems are long lasting and still prevail recently. Under the circumstances, the Court concludes, on the balance of probability, to the presence of a serious risk of neglect. [ 9 ] The measures recommended meet the child’s interest. The application is well founded.

WHEREFORE, THE COURT: [ 10 ] GRANTS the application for protection; [ 11 ] DECLARES that the security and development of X are considered to be in danger according to

section 38 b)2 o of the youth protection act ; [ 12 ] ORDERS that the child be entrusted to his parents; [ 13 ] ORDERS that the mother report in person, at regular intervals, to the director of youth protection to inform her of the current situation; [ 14 ] ORDERS that the mother be sober in the presence of the child; [ 15 ] RECOMMENDS that the mother implicate herself in her personal follow-ups to put an end to her personal problems; [ 16 ] PROHIBITS the mother from using any kind of violence in presence of the child; [ 17 ] RECOMMENDS that the mother submit herself to random drug screening tests; [ 18 ] ORDERS that the parents take an active

part in the application of any measures ordered; [ 19 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and his family until September 30, 2018; [ 20 ] 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. __________________________________ JANICK POIRIER, J.C.Q. Me Mylène Pelletier-Rivet for the applicant Me Mylène Murray for the child Mrs. A the mother (absent) Mr. B the father (absent) Written judgment filed on May 15, 2018