2022 QCCQ 14344, 2022 QCCQ 14344

Protection de la jeunesse — 229041 2022 QCCQ 14344 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002550-207 DATE: April 12, 2022 (written judgment rendered on April 20, 2022) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2020 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A Applicant and A Mother ______________________________________________________________________ JUDGMENT (Section 95 of the 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 Director of Youth Protection (DYP) asks the Court to prolong a decision rendered on December 17, 2020, regarding the child X, born on [...], 2020. At that date the Court declared the security and development endangered and entrusted the child to a foster family until December 31, 2021. [ 2 ] The DYP submits that the situation does not allow to return the child to his mother and asks that the child be entrusted to a foster family, namely, Ms. B until his majority.

Position of the Parties [ 3 ] The mother is present and represented by Me Michaël Pereira. She recognizes that the security and development of her child are still endangered and she agrees with the measures. [ 4 ] The child is 21 months old. He is absent, but represented by Me Cassandra Neptune. After hearing the evidence, Me Neptune submits that the situation of the child continue to be endangered and that the measures suggested are in his best interest. History of the Situation [ 5 ] On December 17, 2020 , the situation of the child was submitted to the Court. He was 4 months old.

The mother was 15 years old and was herself followed by the DYP. The undeclared father was 26 years old. The mother had hit herself in the stomach when she was pregnant because the baby was moving too much. After the birth, the mother was living at [House A] and quickly she became overwhelmed with her parental responsibility and she was rude with the baby. In August 2020, the mother signed a provisional agreement and agreed to entrust the child to a foster family. He is living in a foster family in Town A. In October, the mother became aggressive toward the DYP worker and the police had to intervene.

The mother is very unstable. The Court declared that the security and development of the child were endangered [1] and entrusted him to a foster family until December 31, 2021. Facts [ 6 ] Since the last decision, the situation of the mother remained very unstable. She came back in Town B in August 2021. She continued to be in relation with Mr.

C, but many events of conjugal violence occurred and she ended the relation. [ 7 ] The DYP made numerous requests to find a proper foster family for the mother who is still an adolescent, but in vain. [ 8 ] Finally, in May 2021, due to her living insecurity and her alcohol and drug consumption, the mother was entrusted to the [Unit A] in Town C. [ 9 ] When she was living in Town B, she had a good collaboration with the DYP services, but was not really involved in any change of her way of life. When she arrived at the rehabilitation centre, she reacted strongly and displayed very bad behaviours toward the staff.

[ 10 ] The situation got progressively better, and she was transferred to an open unit in December 2021. She became more involved in her therapeutic follow-up with the psychologist and she did better. [ 11 ] The placement of the mother in Town C allowed to organize more frequent contacts between her and the child. The visits went very well and were increased to the point where there is one visit a week in Montréal and once a month at the foster family’s place in Town D.

The child is always very happy to see his mother, and they do a lot of activities. [ 12 ] The mother has a very good relationship with the foster mother. They often communicate and the mother is welcome at the foster home. They already discuss about the measures they will take when the mother is back in the North to maintain frequent contacts. [ 13 ] The foster mother is ready to go as often as possible in the North. She is fostering 2 other Inuit children including X’s uncle who is 4 years old.

She is involved in an association of foster parents for Inuit children in the [Region A] and she learns Inuktitut during her free time. [ 14 ] The child developed very strong bonds with his foster mother and with the other person in the house. [ 15 ] The child had medical issues such as a seizure, but after a follow-up with the neurologist, it had been confirmed that everything came back normal and no worries were raised about that.

Analysis [ 16 ] Due to the mother’s situation, the situation of the child continues to be endangered. [ 17 ] The child is entrusted to a foster family since his birth and in his current foster family since he is 3 weeks old. He is very attached to his foster mother. [ 18 ] The mother recognized that her situation does not allow her to think about a return of the child under her care in a short delay.

She agrees with the placement until majority. [ 19 ] Doing so, the mother demonstrates that she deeply care for her son and that she is able to prioritize his interest and his needs toward her own needs. [ 20 ] The life plan suggested by the DYP is in the best interest of the child and will permit to fulfill all his needs. FOR THOSE REASONS, THE COURT: [ 21 ] GRANTS the application; [ 22 ] DECLARES that the security and development of the child X, born on [...], 2020, are still endangered; [ 23 ] ORDERS that the child be entrusted to a foster family, namely, Ms. B; [ 24 ] ORDERS that the mother take an active

part in the application of the measures ordered by the Court; [ 25 ] ORDERS that the mother report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 26 ] ORDERS that the modalities, the frequency and the degree of supervision of the contacts between the child and the mother be determined by the Director of Youth Protection; [ 27 ] ORDERS that a person working for an institution or a body, provide aid, counselling and assistance to the child and the child’s family; [ 28 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 29 ] THE WHOLE until his majority ([...], 2038). __________________________________ PEGGY WAROLIN , J.C.Q.

Me Adèle Cyr, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Me Michael Pereira, attorney for the mother Date of hearing: April 12, 2022