2021 QCCQ 15242, 2021 QCCQ 15242

Protection de la jeunesse — 219048 2021 QCCQ 15242 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 640-41-002587-217 DATE: October 20, 2021 (written judgment rendered on January 11, 2022) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2019 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C.

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 review and prolong a decision rendered on March 23, 2021, regarding the child X, born on [...], 2019.

At that date the Court declared the security and development endangered and entrusted the child to a foster family and ordered that the child be gradually reintegrated under the mother’s care if the situation allows for it, until August 31, 2021. [ 2 ] The DYP submits that the situation does not allow to return the child to her mother and asks that she be entrusted to a foster family, namely Ms. B, until the age of her majority. Position of the Parties [ 3 ] The mother is present and represented by Me Angèle Tommasel.

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. She is absent, but represented by Me Cassandra Neptune. After hearing the evidence, Me Neptune submits to the Court that the child’s situation remain endangered and the measures suggested being in her best interest. History of the Situation [ 5 ] On March 23, 2021 , the Court was seized with an application for protection. The child was born while the mother was in detention.

The mother was known to have alcohol consumption issues, and she drank during the pregnancy. After her birth, the child was hospitalized for 2 ½ months. On March 30, 2020, the mother signed a voluntary measure and the child was entrusted to a foster family. She came back under her mother’s care one month later. In August 2020, the child was entrusted again due to the mother’s relapse. After one month, the foster family (extended family members) gave up and the mother suggested that the child be fostered by a specific lady, a police officer in Town B, who accepted on October 6, 2020.

The other family members already took care of the siblings. The Court declared that the security and development of the child were endangered [1] and entrusted the child to a foster family until August 31, 2021. Facts [ 6 ] Since the last decision, the child remained under the care of Ms. B, the police officer chosen by the mother. The child is developing well, and she has very strong bonds with her foster mother. She does not attend daycare yet.

During the day, she is babysat by her foster mother’s sister. [ 7 ] The child is still suffering from a persistent Truncus arteriosus (rare form of congenital heart disease). She had a regular follow- up at the Hospital for Sick Children in Toronto and a regular follow-up with a pediatrician in Belleville, Ontario. She will need another heart surgery when she is 2 ½ years old. [ 8 ] X lives with her foster mother, her foster mother’s child (18 years old), another child (11 years old) and another […] foster

sibling (9 years old). X developed very strong bonds with all the family members. Ms. B makes sure that X and the other […] child are regularly in contact with […] culture (traditional food, cultural activities, etc.). [ 9 ] The mother was released from detention in April 2020. She was sober for a short period after. Since she relapsed, many reminders were made for her to address her alcohol consumption issues, but she never did and categorically refused to do. [ 10 ] The mother’s family members still take care of her 2 oldest sons.

They clearly mention not being able to take care of X. [ 11 ] The mother is very difficult to be reached. Her collaboration decreased since the last hearing. But, a positive aspect, when the mother has to take decision regarding her daughter she is always able to prioritize her daughter’s well-being rather than her own interest. The mother is still in agreement with the placement of her daughter under Ms. B’s care. The mother is grateful for what Ms. B does for her daughter and she wants X to call Ms. B “mom.” [ 12 ] A visit took place in Town C from April 12 to April 16, 2021.

During those 5 days, X saw her aunt and her siblings every day, but the mother showed interest to see her daughter only the first day. Doing so, on 5 days, the child was only 4 hours with her mother. The foster mother continues to send pictures to the mother on a daily basis. [ 13 ] The foster mother was present in Town D for the hearing. She testified and she confirmed her willingness to foster X until the age of majority. She added that this desire is shared by all her family members. She has a very close relationship with the mother who is welcome at her place anytime.

They have frequent communication through the internet. [ 14 ] The mother confirms her consent that the child be fostered at Ms. B’s place until the majority. She also confirms her close relationship with the foster mother. Analysis [ 15 ] As the mother recognizes it, the evidence shows that the situation of the child continue to be endangered. The mother recognizes not being able to take care of the child. [ 16 ] A long-term decision has to be taken in this situation and the plan proposed is in the best interest of the child. The foster family was chosen by the mother which is very positive for the child.

By taking such difficult decision, the mother demonstrates to her child how she cares for her and how she wants the best for her. [ 17 ] The foster mother as the mother confirm their good collaboration. The Court invited both to maintain such good relation. Ms. B is very concerned by the […] culture and she makes sure to maintain the child in contact with her culture and with her extended family members by participating to various activities adapted to the child’s development. [ 18 ] The life plan is extremely positive and answers all the criteria of the YPA. The Court has no hesitation to grant it.

FOR THOSE REASONS, THE COURT: [ 19 ] GRANTS the application; [ 20 ] DECLARES that the security and development of the child X, born on [...], 2019, are still endangered; [ 21 ] ORDERS that the child be entrusted to a foster family, namely Ms. B, until the age of her majority; [ 22 ] ORDERS that the modalities, frequency and degree of supervision of the contacts between the child and the mother be determined by the Director of Youth Protection; [ 23 ] ORDERS that the mother take an active

part in the application of the measures ordered by the Court; [ 24 ] ORDERS that the mother report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 25 ] AUTHORIZES the Director of Youth Protection to sign medical authorizations for the child, if the mother should not be located in a timely manner; [ 26 ] ORDERS that a person working for an institution or a body, provide aid, counselling and assistance to the child and the family; [ 27 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out; [ 28 ] ORDERS the police to collaborate to the execution of the enactment; [ 29 ] THE WHOLE until the child reaches the age of majority on […], 2037. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Adèle Cyr, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Me Angèle Tommasel, attorney for the mother Date of hearing: October 20, 2021