2022 QCCQ 13869, 2022 QCCQ 13869

Protection de la jeunesse — 224615 2022 QCCQ 13869 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 145-41-000750-221 DATE: August 31, 2022 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on […], 2022 Child and A Mother/Respondent ______________________________________________________________________ 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 9.2 and 9.3 and 135 Y.P.A.). [ 1 ] The director of youth protection (DYP) asks to Court to declare that the child’s security and development are in danger and to order protective measures, notably to entrust the child to a foster family for the next nine months. [ 2 ] The mother denies most of the alleged situation, but she does not adduce any evidence and she agrees with the recommendations sought by the DYP.

At the light of the evidence, child’s counsel also concurs. [ 3 ] Following the hearing, the Court renders an oral judgment and grants the application. Here are the reasons supporting that decision. [ 4 ] On June 22, the DYP applies immediate protective measures in order to entrust the child to his grandmother. A few days later, the Court orders provisional measures, namely entrusting the child to a foster family, since the grandmother is not able to care for him on a daily basis anymore. [ 5 ] The child is very young and therefore extremely vulnerable.

His mother deals with personal issues preventing her from assuming her parental responsibilities. [ 6 ] When the social worker meets the mother, in June, the latter is homeless. The social worker offers to provide her with shelter, but she declines. The mother also states she suffers from postpartum depression but receives no medical follow-up. Moreover, she struggles with substance abuse. [ 7 ] At the time, the child is under the care of his grandmother. He remains there until June 27, when he is entrusted to a foster family. [ 8 ] The mother shows poor cooperation with the DYP.

She cancels several appointments with the social worker. She has very little contact with her. [ 9 ] The mother does not take an active

part in her son’s life either. She attends one medical appointment with the child and his foster parent and has contact with him on two other occasions. The mother gets in touch with the foster family often, but she does not

schedule visits with her son. [ 10 ] At the hearing, we learn that the mother receives treatment in regard to substance abuse, but it has been going on for a few days

only. [ 11 ] The child is doing well in his foster family. He also has regular contact with his grandmother as well as an aunt. [ 12 ] The child already spent a significant part of his young life apart from his mother. If the latter wishes to have him back under her care, she has to undertake important steps. She must receive counselling, cooperate with professionals and attend visits with the child. [ 13 ] Time will tell if the mother is willing and able to make the necessary changes in her life.

If she fails to do so, we will have to foresee that the child grows up in an environment where someone can take care of him and answer his needs on a long-term basis. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 14 ] GRANTS the application for originating application for protection; [ 15 ] DECLARES that the security and development of X are considered to be in danger according to sections 38(b)1 o iii, 38(b)2 o and 38(

c) of the Youth Protection Act ; [ 16 ] ORDERS that the child be entrusted to a foster family designated by the institution operating a child and youth protection centre until May 31, 2023; [ 17 ] ORDERS that contacts between the child and his mother be determined following an agreement between the parties and AUTHORIZES the DYP to supervise them; [ 18 ] RECOMMENDS that the mother involve herself in counselling and follow-ups to address her personal difficulties, notably a psychological and a drug addictions follow-up, as long as deemed necessary by the professionals involved; [ 19 ] ORDERS that the mother actively participate in the application of the measures ordered; [ 20 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and his family until May 31, 2023; [ 21 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment; [ 22 ] ORDERS that the parties concerned by this judgment comply with it. __________________________________ JANICK POIRIER, J.C.Q.

Me Mylène Pelletier-Rivet for the applicant Me Isabelle Gagnon for the child Me Sam Bernard for the mother Written judgment filed on September 7, 2022