2019 QCCQ 15245, 2019 QCCQ 15245

Protection de la jeunesse — 1910645 2019 QCCQ 15245 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 525-41-035920-198 DATE: December 23, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2019 child and A B parents ______________________________________________________________________ JUDGMENT Closure of the file ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified.

Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on December 23, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that the security or development of the child is endangered due to a situation of serious risk of neglect. [ 3 ] Today, the Director recommends that the child remain entrusted to the parents’ care and that support measures be ordered for a period of one year. [ 4 ] The parents consider that the child’s security or development is not endangered. [ 5 ] The child’s attorney provided some guidelines for the Tribunal’s analysis.

He is not certain that the Director met her burden of proof. Questions in litigation [ 6 ] Did the Director present preponderant evidence that a situation of serious risk of neglect exists? [ 7 ] If so, are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 8 ] The situation of the child’s two half-siblings is followed by the Director and the Court of Quebec due to situation of neglect and serious risk of neglect. Y has previously been placed but now resides with her mother.

Z has been entrusted to his paternal aunt. [ 9 ] The mother has a longstanding issue of hoarding. She completed a hoarding therapeutic session in 2018. The parents were not always able to keep their home environment safe and clean for the child. In July 2019, the parents were able to get rid of a lot of items. The parents are making continued efforts to declutter the home.

[ 10 ] The child was born one month premature. She is vulnerable but doing well. The child was followed by the CLSC. The mother perceived the CLSC’s support as positive. The child is now followed by a pediatrician. [ 11 ] The family has three cats living in her basement. [ 12 ] The father presents as defensive when interacting with the Youth Protection worker. [ 13 ] The Director’s rationale for keeping the file open is that given the mother’s history, monitoring remains necessary. The family history is important to consider, although circumstances are different then for the child’s half-siblings.

The Tribunal cannot automatically presume that the child’s security or development is endangered because of what happened in the past. Even if all parties recognize that work still needs to be done, the mother has made progress over the years. [ 14 ] The Director has not presented preponderant evidence that a situation of serious risk of neglect exists for the child. THEREFORE AND FOR THESE REASONS, THE COURT: [ 15 ] DISMISSES the application for protection; [ 16 ] ORDERS that the file be closed. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on January 8, 2020 /cd Mtre Angela Nevard Counsel for the Director of Youth Protection Mtre Alec Fafard Counsel for the child Date of hearing: December 23, 2019