2019 QCCQ 16001, 2019 QCCQ 16001

Protection de la jeunesse — 1910362 2019 QCCQ 16001 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000924-180 DATE: April 17, 2019 (written judgment rendered on October 23, 2019) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X born on [...], 2016 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A, residing and domiciled in [...] Mother and B, residing and domiciled in [...] Father ______________________________________________________________________ JUDGMENT (Section 38 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 declare that the security and the development of the child X born on [...], 2016, are endangered under

section 38, subparagraphs (b) (1) iii. and (b) (2) [1] of the Youth Protection Act . The DYP suggests that the child be entrusted to his maternal grandmother, Ms. C, until November 30, 2019. Position of the parties [ 2 ] The mother is present and represented by Me Tommasel. She admits some of the allegations, and she agrees with the measures. [ 3 ] The father is absent and not represented.

Considering that he was duly served, he decided not to come to the Court house, the agreement of the parties and the interest of the child, the Court proceeds in his absence. [ 4 ] X, who is 2 years old, is absent but represented by Me Jennis. She has a legal mandate and submits to the Court that the measures suggested are in his best interest. Facts [ 5 ] The situation of the family was already known from the DYP before the birth of the child as a baby alert was done.

The mother was very unstable, going back and forth from her village of Town A to other villages and living most of the time with people known to be consumers. [ 6 ] In July 2017, the mother left for Town B leaving the baby to her mother who already took care of his older brother. The mother did not give news, was unreachable and did not give any money to her mother to take care of the children.

The grandmother, who did not receive the family allowance regularly, requested financial help from the Social Services. [ 7 ] The grandmother lives with her son who has an intellectual deficiency and does not tolerate young children. He threatens his mother to go into crisis and this destabilize a lot the grandmother who thought about killing the baby. In emergency, the baby had to be fostered in Town C. [ 8 ] When the mother came back in Town A, she took back her child. [ 9 ] In September 2018, voluntary measures were signed.

The mother who was the only one to sign, recognized the risk of neglect and the neglect in terms of supervision. The child was maintained under her care. [ 10 ] On November 4, the mother had to be medevaced to [Town C] following suicidal ideation. She decided to stay there, at her sister’s place and asked that her child come with her. The child travelled as she requested.

[ 11 ] Later in the month, she was arrested while being driving under the influence of alcohol and a few days later she was again intoxicated with the baby on her back. At that time, the mother said having no place to stay. [ 12 ] The police officer saw that the child was neglected. His face was dirty and he was not enough dressed according to the temperature. [ 13 ] The mother was detained and while in the cell, she was disturbing and she tried to commit suicide with her bra. The child was entrusted to a foster family for the night. The child appeared tired and scared.

He seems to have developmental delays as he is unable to say a word. He only yells unclear statement. [ 14 ] The mother was transferred to the detention centre down South, and the child was entrusted to her maternal grandmother. [ 15 ] On December 4, the mother was released, but did not come back immediately. On December 6, a provisional order was rendered and the child was entrusted to his maternal grandmother. [ 16 ] The father is not regularly involved in the child’s life, and it had been impossible for the worker to communicate with him.

He is totally unreachable. [ 17 ] X is close to his mother and his grandmother. During the home visit, the DYP worker noted that he had appropriate clothes according to the weather. [ 18 ] The mother recognizes that her son needs stability. She knows she has to find a housing and to address her alcohol issues. She agrees to have support from the DYP to achieve that. She plans to live in Town D. The DYP confirms that services could be offered to her there. When she is sober, she is known to have very good parental capacities. [ 19 ] The situation of the grandmother is getting better since 2017.

X is older and it’s easier with him. When he was a baby, he was crying a lot. Now, he is an easy child and his presence is very tolerable by his uncle. The DYP has no more concerns on this aspect. X is very close to his grandmother and to his uncle. [ 20 ] The DYP worker makes home visits once to twice a week and will continue to go to the same frequency. [ 21 ] The contact with the mother will have to be maintained, even if she moved to Town D. Her house will have to be evaluated before authorizing access there. She has family members in this village. Her mental health seems to be more stable.

Analysis [ 22 ] Since his birth, X was very unstable because of her mother's way of life. Even if the situation seems to improve and she is open to receive services, the situation remains very fragile and the child’s safety and development are endangered. [ 23 ] The mother is working on her issues. She found a place to stay which is a very good start. This could help to stabilize her situation, not only on a material aspect, but mostly psychologically.

The Court encourages her to continue on this way. [ 24 ] The services of the DYP will be needed in Town A to support the grandmother in her commitment, and in Town D to help the mother to gain more stability. [ 25 ] Considering the strong bond between the child and the mother, frequent access will have to be organized and, to do so, her house has to be evaluated without any delay. FOR THOSE REASONS, THE COURT: [ 26 ] GRANTS the application; [ 27 ] DECLARES that the security and the development of the child X, born on [...], 2016, are endangered under

section 38, subparagraphs (b) (1) iii. and (b) (2) of the Youth Protection Act ; [ 28 ] ORDERS that the child be entrusted to his maternal grandmother, Ms. C, as a foster family if she is accredited as such; [ 29 ] ORDERS the parents take an active

part in the application of any of the measures ordered by the Court; [ 30 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 31 ] ORDERS that the parents remain sober in the presence of the child; [ 32 ] STRONGLY RECOMMENDS that the parents seek help through the Social Services concerning their personal issues; [ 33 ] STRONGLY RECOMMENDS that the mother participate to a psychological evaluation and that she receive a follow-up; [ 34 ] ORDERS that the modalities and the frequency of the contacts between the child and the parents be determined between the parties and supervised by the Director of Youth Protection; [ 35 ] ENCOURAGES the contacts between the child and the mother after the Director of Youth Protection will have evaluated her situation, including her housing and her mental health; [ 36 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the child, the family, as

well as the foster family; [ 37 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 38 ] ORDERS the execution of the present judgment by any peace officer; [ 39 ] THE WHOLE until November 30, 2019. __________________________________ PEGGY WAROLIN , J.C.Q. Me Geneviève Apollon, attorney for the Director of Youth Protection Me Caroline Jennis, attorney for the child Me Angèle Tommasel, attorney for the mother Date of hearing: April 17, 2019