2019 QCCQ 14846, 2019 QCCQ 14846

Protection de la jeunesse — 1911155 2019 QCCQ 14846 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 640-41-002256-185 DATE: November 19, 2019 (written judgment rendered on January 17, 2020) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2018 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C, working in Town A, district A (Quebec) […] Applicant and A, residing and domiciled at […], in Town A, district A (Quebec) […] 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 extend a decision rendered on December 12, 2018, regarding the child X, born on [...], 2018. At that date, the Court declared her security and development endangered [1] and entrusted the child to a foster family until August 7, 2019, knowing that the foster family should be the grandmother and that the mother should live at the same address.

The Court also ordered that the child be properly registered to the Civil Status. [ 2 ] The DYP submits that the situation does not allow to return the child to her mother and recommends that the child be entrusted to her grandmother with extended access rights to the mother, until June 30, 2020. [ 3 ] The child has two siblings, Y (9 years old) and Z (4 years old). The Court is also seized with their situation. Position of the parties [ 4 ] The mother is present and represented.

She recognizes that the security and development of her child are still in danger and she agrees with the measures. [ 5 ] The child is absent, but represented by Me Migué. On the behalf of her client, Me Migué suggests that the Court grant the measure as being in the best interest of the child. History of the situation [ 6 ] On December 12, 2018 , the situation of X was submitted to the Court. She was 3 months old. The evidence revealed that her two older siblings had been entrusted to their maternal grandmother since December 2016. X had not been registered to the Civil Status yet.

The mother had important alcohol and cannabis consumption issues. She moved from her mother to her grandmother’s place. During the pregnancy, the mother consumed and tried to commit suicide. On December 23, 2017, the mother threatened to kill one of the siblings. She was arrested and detained for injuring that child. She was highly intoxicated at the time. In February 2018, the mother was assessed by Dr. Beltempo, who concluded that she has very poor parental capabilities and she recognizes it. The mother was arrested a few times for assault on her mother.

Since the birth, the mother reduced her alcohol consumption, but maintained a daily intake of cannabis despite still breastfeeding the baby. She is conscious that X is a FASD infant and for this reason, she does not want to give her up for adoption. The mother developed a good bond with her baby.

The Court declared the security and development endangered, entrusted the child to a foster family, acknowledging that the foster family would be the maternal grandmother with the strict condition that the mother lives at that place, and the Court ordered the registration of the child to the Civil Status, the whole until August 7, 2019. [ 7 ] On August 6, 2019 , on provisional measures, the child were specifically entrusted to her maternal grandmother.

Facts [ 8 ] Between November 2018 and January 2019, the DYP worker and the external educator had difficulty meeting with the mother and grandmother as they were not at home or not available to speak.

[ 9 ] On January 8, 2019, the mother was met. She appeared confused, and X had a rash on her face. The day after, a meeting with the presence of the grandmother was planned. Both were there and participated well to the meeting. They confirmed that X was seen at the nursing for the rash. The DYP worker told them that the unpaid bill at the daycare would be taken care of by the DYP to be sure that Z could attend daycare as ordered. [ 10 ] Later in January, a follow-up was completed. The house was clean. X had another appointment at the nursing for her rash.

The grandmother told the DYP worker that she encourages her daughter to benefit from services offered at the family house. It was observed that the mother was taking good care of her baby and was loving her. [ 11 ] On February 7, 2019, it was observed that the mother continued to take good care of her three children and was able to answer their basic needs. [ 12 ] On May 10, 2019, during a communication with the daycare, the DYP worker learned that Z had not been attending daycare for one month.

The grandmother explained that she had another debt, but she had finished paying it in totality. [ 13 ] The same day, during a communication with the school, the DYP worker learned that Y missed a few days, and since that time, had more difficulties in class. No behavioural issues were noted at school. Also, it was reported that he did not wear his hearing aids. [ 14 ] The week after, the mother explained that she went to Town B with her children for a vacation, and that they enjoyed their stay.

She confirmed that Z would go back to daycare and Y to school. [ 15 ] As no external educator was available between February and May, the family did not receive services. [ 16 ] Since May 2019, an educator has been assigned to the file regularly, and the mother collaborates well. She benefits from frequent and regular meetings. She receives counsel regarding cooking, playing with her children, stimulation, etc. She participates well and applies the recommendations. [ 17 ] On August 28, 2019, the mother was met. She was taking care of X, who started to walk. Z was at the daycare and Y, at school.

The mother started working part-time as an assistant for the nurses at the clinic, and attended Social Services every two weeks because of her conditions under Criminal Court. She planned to move back to her house as soon as the renovations would be finished. [ 18 ] At the beginning of September, the grandmother told the DYP worker that she observed great improvement from the mother. She reduced her drugs and alcohol consumption to three times a month, and she is more helpful in the house. She is also taking very good care of her children. [ 19 ] On September 18, the mother moved to her house as planned.

The DYP worker visited the house and noted that the mother had everything that was needed for the children. The children were reintegrated at their mother’s place. [ 20 ] Two days after, the DYP was informed that the mother had assaulted her little brother. The grandmother was met. She was intoxicated in the presence of X. Y was at school and Z at daycare. The grandmother did not plan to continue to drink. As the aunt was present and sober, she took care of X.

Unannounced visits were made every night for a few days afterwards, and everything went well. [ 21 ] Because of the assault, the children were entrusted back to the grandmother and supervised accesses were authorized for the mother. [ 22 ] On October 5, the mother was met. She was drinking and very emotional. The children were safe with the grandmother, who previously kicked the mother out because of her intoxication. [ 23 ] The report describes the mother as follows: Ms.

A has proven to have limited parental capacities due to a lack of maturity and personal issues: substance abuse, post-partum depression and her low cognitive functioning. She has suffered multiple traumas, such as sexual abuses in her childhood, which have scared her and impact her capacity to be an adequate parent for her children. Given Ms. A is not willing to address these personal issues such as her alcohol addiction and to take care of her mental health. They resurface when she consumes alcohol and leads her to violent acts such as attacking people with knives and an axe, it happened in 2017.

Such violent incidents weren’t reported recently. [ 24 ] X is known to be at risk of suffering from FASD, as the mother admitted her consumption of drugs and alcohol during the pregnancy. Furthermore, the mother tried to commit suicide during her pregnancy by taking pills.

For now, no developmental issue was noted, as X seems to develop adequately for her age. [ 25 ] Since the last order was rendered, the main issue regarding X is the rash she had on her face, but the mother and the grandmother properly ensure the follow-up with the nursing. [ 26 ] At the last hearing, the grandmother mentioned that she wanted the mother at her place to take care of X.

At this time, the plan suggested by the DYP is to entrust the children under the grandmother’s care, with extended access rights for the mother, following a calendar prepared by the DYP, and to make that clear for the mother. [ 27 ] The grandmother is in agreement with this modality and does not request that the mother be present to take care of X anymore. [ 28 ] As for the mother, she has been benefiting from those extended accesses for a few weeks now and she is doing well.

It is obvious that she would not be able to take care of three children during more than three days, but this regime is adapted to her capabilities. Analysis

[ 29 ] Because of the mother’s personal issues, the situation of the children remain endangered. [ 30 ] They are lucky that their grandmother is very involved in their life and is able to take care of them. [ 31 ] The mother’s improvement since the last order has to be underlined, and she is encouraged to continue to collaborate closely with the DYP and the Social Services as she is doing now, in order to continue down the same path. [ 32 ] The new modalities of access are in the best interest of the children, who have developed strong bonds, both with their mother and with their grandmother. [ 33 ] The DYP has to keep an eye on the medical follow-ups for Y and Z to make sure that they are done properly because of the potential impact it could have on their development and their schooling. [ 34 ] Everyone should remain very alert to any kind of issue regarding X’s development, and steps will have to be taken if any concern should be raised.

The mother admitted that she consumed during the pregnancy. If needed, in the future, this information will have to be shared with the medical professionals.

FOR THOSE REASONS, THE COURT: [ 35 ] GRANTS the application; [ 36 ] DECLARES that the security and development of the child X, born on [...], 2018, remain endangered; [ 37 ] ORDERS that the child be entrusted to her grandmother, B, as a foster family if she is accredited as such; [ 38 ] ORDERS that the mother report periodically to the Director of Youth Protection on the measures she applies in her own regard or in her child’s regard to put an end to the situation in which the security and development of the child are endangered; [ 39 ] ORDERS that the mother take an active

part in the application of any of the measures ordered by the Court; [ 40 ] ORDERS that the mother report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 41 ] ORDERS that the child receive specific health care and services and that all the medical follow-ups are respected; [ 42 ] ORDERS that X’s potential FASD be closely monitored; [ 43 ] ORDERS that the medical professionals’ recommendations be followed and integrated in an intervention plan; [ 44 ] ORDERS that the child and the family receive the services of an external educator at least once every two weeks; [ 45 ] ORDERS that the mother remain sober and without any violent behaviour in the presence of the child; [ 46 ] RECOMMENDS that the mother seek help through the Social Services concerning her alcohol, drugs and personal issues; [ 47 ] 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; [ 48 ] TAKES JUDICIAL NOTICE that the mother benefit from extended access rights; [ 49 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the child, the mother and the grandmother; [ 50 ] ORDERS the execution of the present decision by any peace officer; [ 51 ] 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; [ 52 ] THE WHOLE until June 30, 2020. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Karianne Asselin, attorney for the Director of Youth Protection Me Laurence Migué, attorney for the child Me Ulisce Desmarais Grégoire, attorney for the mother Date of hearing: November 19, 2019