2021 QCCQ 990, 2021 QCCQ 990

Protection de la jeunesse — 21225 2021 QCCQ 990 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division »

No: 145-41-000681-202 DATE: January 8, 2021 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2016 Child -and- A -and- B Parents ______________________________________________________________________ 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 and development of the child is in danger according to

section 38b)1)

i) and 38c) of the Youth protection Act , notably because of neglect to provide the child’s basic needs and a situation of psychological ill treatment. His sister is aimed by the same application. [ 2 ] At the hearing, the parents are present. The father agrees with the measures suggested by the DYP. At first, the mother disagrees with them, but later, she changes her mind and rather consents to the DYP’s recommendations. [ 3 ] In January 2020, the DYP gets involved in this family. At this time, the father was incarcerated and the mother is unstable. She uses drugs and is suicidal.

The children were removed from her care because of these circumstances. Her addiction issues raise concerns about her ability to adequately provide for the children. Several observations were made in the mother’s environment demonstrating signs of neglect. The children are not dressed properly for the winter season, and their hygiene is poor. The security of the premises is deficient, many empty bags with what appears to be drug residues inside, are found in the house. [ 4 ] An agreement on voluntary measure was signed by both parents for a period of one year. Their children were entrusted to a foster family.

This is the second voluntary measure signed by them, although the last time the children were entrusted to the mother considering the parent's participation in the services deployed to help them. [ 5 ] What is the parents’ situation since the signing of this agreement? [ 6 ] Even if the mother recognizes her problems, and she is open to services; she makes little effort to commit or she constantly finds excuses for not attending or showing up at the follow-ups notably with the DYP, the addiction counsellor or the psychologist.

She justifies her lack of involvement by alleging that she is not comfortable with the professionals or that her electronic devices for participating in virtual meetings are defective and so on. She was supposed to attend a mother and child program rehabilitation centre in Montreal but did not complete the requirements in time to make it for the admission date. [ 7 ] During the following months, several visits between the mother and children are planned, but she only shows up to half of them.

Once again, she explains her absences by various reasons, either because she is uncomfortable in the environment where the visit is taking place, or she does not feel well, or she has health problems. When she shows up for visits, she sometimes brings the children's toys and clothes. The mother is adequate with the children.

[ 8 ] Through the summer, several police interventions are carried out at the mother’s residence in connection with her mental health issues, her consumption problems, as well as, suicidal thoughts. The youth delegate accompanied by the external educator tries to discuss the situation with her, but the latter does not cooperate and shows them anger. Once again, she blames others for her problems, makes excuses, and takes no responsibility for her action and condition. It is observed that the mother tends to deny that certain information was given to her and agreed upon them.

In fact, the Court witnesses this type of attitude from the mother during the hearing. [ 9 ] At the beginning of the children’s placement in the foster family, their adaptation is difficult. They do not have a routine, and they dislike all healthy food. X is very thin for his age. The pediatrician maintains that the child suffers from malnutrition. He needs to start eating properly, since then, he has gained some weight. He reacts after his contact with his parents. He acts out at daycare and throws tantrums, requiring the intervention of the foster family to calm him down.

As for X, her health is good and she is doing well. Since their integration into a foster family, the children have made significant progress and their situation has evolved positively. However, they are always happy to see their parents. [ 10 ] The father also benefits from supervised visits with the children since his release from jail last July. Nevertheless, he has not been able to see them for a while, due to his work on a fishing boat, bringing him outside the area. He rented a house so that he could receive his children.

It is certain that the outbreak of the pandemic makes it difficult to set up visits with the children. His environment is suitable and visits have started at his home. He collaborates with the youth delegate and communicates with her when necessary. He is also the subject or as done certain therapeutic procedures and meetings in connection with his detention, as well as, his probationary follow-up. [ 11 ] So far, the parents have not been able to provide their children with a stable, reassuring and safe environment. The father just started to become actively involved with them.

As for the mother, her environment was finally assessed, and it is adequate for the children. Visits have started in her home, as well. However, we cannot ignore the fact that the mother was not involved in any follow-up despite her openness to obtain services, but the reality is quite different. Like the father, the mother must mobilize in order to put an end to the compromising situation, if she wishes the children to be returned to her environment. [ 12 ] The evidence demonstrates that the security and development of the child are in danger. Considering the evidence adduces, the application is well founded.

Furthermore, the measures suggested by the DYP appear to be in the child’s best interest. FOR THESE REASONS AND THOSE EXPRESSED VERBALLY AT THE HEARING, THE COURT: [ 13 ] GRANTS the application for protection; [ 14 ] DECLARES that the security and development of X are considered to be in danger according to sections 38b)1)

i) and 38c) of the Youth protection act ; [ 15 ] ORDERS that the child be entrusted to a foster family designated by the DYP; [ 16 ] ORDERS that the contacts between the child and his father be determined following an agreement between the parties; [ 17 ] AUTHORIZES the child to stay with his father for periods exceeding 15 days; [ 18 ] ORDERS that the contacts between the child and his mother be determined following an agreement between the parties and AUTHORIZES the DYP to supervise them; [ 19 ] RECOMMENDS that the mother continues to work on her mental health and addiction issues; [ 20 ] RECOMMENDS that the mother submits herself to random drug tests; [ 21 ] ORDERS that the parents report periodically to the DYP, the measures they apply in their own regard or in their child’s regard to put an end to the situation of endangerment; [ 22 ] ORDERS that both parents take an active

part in the application of the ordered measures; [ 23 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and his family until July 31 st , 2021; [ 24 ] 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 present judgment; [ 25 ] ORDERS that the parties concerned by this judgment comply with it. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Jules Grenier for the child Mrs. A the mother Mr. B the father Written judgment filed on January 15, 2021.