2020 QCCQ 9602, 2020 QCCQ 9602

Protection de la jeunesse — 207448 2020 QCCQ 9602 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 550-41-003988-209 (X) 550-41-003989-207 (

Y) DATE: November 2, 2020 ______________________________________________________________________ BY THE HONOURABLE JEAN-FRANÇOIS NOËL, J.Q.C. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Petitioner and X Y Children and A B ( Y’s father) Parents ______________________________________________________________________ JUDGMENT (sections 38 and 75, Youth Protection Act ) ______________________________________________________________________ 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 Court is seized of a motion under

section 38 of the Youth Protection Act concerning the children X (4 years old) and Y (2 years old), whereby the Director of Youth Protection (the Director) is asking the Court to declare that the children’s security or development is endangered as a result of a situation of physical neglect (for both children) as well as a serious risk of neglect (for Y only). [ 2 ] The Director recommends that Y be entrusted to his paternal grandmother, Mrs. C, until June 30 th , 2021 and that he attend daycare.

The Director recommends that contacts between the child and the parents be determined by agreement between the parties. It is also recommended that the mother receive services to improve her parental abilities and that the father receive services to address his substance abuse. [ 3 ] X’s father is not declared, although Mr. B (Y’s father) treats him as such. The Director recommends that X be entrusted to a foster family until June 30 th , 2021 and that he attend daycare. The Director recommends that contacts with his mother be determined by agreement between the parties and that contacts with Mr.

B also be determined by agreement and if no agreement can be found, that they take place once a week. It is also recommended that the mother receive services to improve her parental abilities. [ 4 ] Mr. B admits all of the facts alleged in support of the motion (which are essentially the same for both children) and agrees with the proposed protection measures. Although the mother is not in attendance, her counsel admits the essential facts alleged in support of the motion and confirms that her agreement with the proposed measures.

Recognising that she can be difficult to reach, the mother further proposes that contacts between Mr. B and X be determined by agreement between Mr. B and the social practitioner.

ANALYSIS [ 5 ] Y’s parents separated in March 2019 after having lived together for more or less two years. Since then, the mother has experience significant housing instability. The Director’s intervention follows the mother’s eviction from her apartment in July 2020. In early September 2020, the mother is again expelled, along with her children, from a family member’s apartment. [ 6 ] Shortly thereafter, the mother entrusts both children to Mr. B. Two weeks later, Mr. B is found by police, intoxicated with alcohol while the children are with him.

Following this incident, Y is entrusted to her paternal grandmother and X is entrusted to a foster family during the proceedings. [ 7 ] Mr. B recognises his difficulties and he has begun is attending AA meetings on a regular basis. As for the mother, she has no place to stay and her situation remains very fragile. [ 8 ] Y has not seen a doctor since she was 3 months old, despite a heart murmur diagnosed at birth. There are concerns with regards to possible hearing and speech impediments. [ 9 ] As for X, he struggles to manage his emotions and sometimes uses violence when things don’t go his way.

He has never before attended daycare and hasn’t seen a medical doctor in quite some time. [ 10 ] All parties agree with the motion and the required measures to address the situation.

The motion is well founded and the proposed measures are in the interest of the children and respect their rights. [ 11 ] THEREFORE THE COURT : [ 12 ] GRANTS the motions; [ 13 ] In the situation of Y : [ 14 ] DECLARES that the security and the development of the child are endangered as a result of a situation of physical neglect (maternal environment) and a serious risk of neglect (paternal environment); [ 15 ] ORDERS the implementation of the following protection measures for a period of 12 months:

a) That the child be entrusted to her paternal grandmother, Mrs. C, and her spouse, Mr. D, until June 30 th , 2021;

b) That the contacts between child and her parents be determined by agreement between the parties;

c) That the child see a pediatrician;

d) That the child attend daycare;

e) That the parents actively collaborate in the elaboration and the implementation of the intervention plan;

f) That a person authorised by the Director of Youth Protection A Integrated Health and Social Services Center provide aid, counsel and assistance to the child and her family; [ 16 ] RECOMMENDS :

a) That the mother implicate herself in a follow-up for parental abilities;

b) That the father implicate himself in a follow-up for substance abuse; [ 17 ] ENTRUSTS the situation of the child to the Director of Youth Protection who shall then see that the measures are carried out. [ 18 ] In the situation of X : [ 19 ] DECLARES that the security and the development of the child are endangered as a result of a situation of physical neglect (maternal environment); [ 20 ] ORDERS the implementation of the following protection measures for a period of 12 months:

a) That the child be entrusted to a foster family, until June 30 th , 2021;

b) That the contacts between the child and his mother be determined by agreement between the parties;

c) That the contacts between the child and Mr. B be determined by agreement between Mr. B and the Director; if there is no agreement, the contacts will be held once a week;

d) That the child see a pediatrician;

e) That the child attend daycare;

f) That the mother actively collaborate in the elaboration and the implementation of the intervention plan;

g) That a person authorised by the Director of Youth Protection A Integrated Health and Social Services Center provide aid, counsel

and assistance to the child and her family; [ 21 ] RECOMMENDS that the mother implicate herself in a follow-up for parental abilities; [ 22 ] ENTRUSTS the situation of the child to the Director of Youth Protection who shall then see that the measures are carried out. Signed on December 9 th , 2020. __________________________________ JEAN-FRANÇOIS NOËL, J.Q.C. Mtre. Danny Parisé Counsel for the Director of Youth Protection Mtre. Sophie Cadieux represented by Mtre. Pascale Legault-Ouellet Counsel for the child Mtre. Vendelin Weber Counsel for the mother Mtre. Daphné Gauthier Counsel for the father Date of hearing: November 2, 2020