2022 QCCQ 14332, 2022 QCCQ 14332

Protection de la jeunesse — 228998 2022 QCCQ 14332 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 635-41-001001-202 DATE: November 14, 2022 (written judgment only) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on […], 2009 [Social Worker 1], Youth Protection worker, duly authorized by the Director of Youth Protection A, working in [City A], district of […] (Quebec) Applicant and C Mother and D Father ______________________________________________________________________ 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 a decision rendered on December 8, 2020, regarding the child X, born on […], 2009.

At that date the Court declared the security and development still endangered and ordered that the child remain entrusted to her current foster family, until September 30, 2022, with a reintegration with the mother. [ 2 ] The DYP submits that the situation does not allow to return X to her parents and that the placement in her current foster family must be prolonged. [ 3 ] X has siblings, Y, Z, A and B. The Court is also seized with their situation. Position of the parties [ 4 ] The mother is present and represented by Me Ève Laoun.

She recognizes that the security and development of her child are still endangered. She asks that the child be entrusted back under her care immediately. [ 5 ] The father was mostly present but missed some days. He is represented by Me Nada Boumeftah. He recognizes that the security and development of his child are still endangered, and he has the same position as the mother. [ 6 ] The youth is absent but represented by Me Kelly Ann Sinnett and Me Jean-Bernard Terrisse. She recognizes that her security and development are still endangered, and she agrees with the measures.

History of the situation [ 7 ] On August 18, 2016 , the Court was seized with an application for protection. The parents had alcohol consumption and conjugal violence issues. The children expressed fearing their father. The mother agreed to collaborate with the DYP. After being reluctant, the father also finally accepted to collaborate. The Court declared that the security and development of the children were endangered and maintained them with their mother with different measures, the whole until February 28, 2017. [ 8 ] On January 28, 2020 , the situation of the child was submitted again to the Court.

In July 2019, the father assaulted the mother, and the 2 youngest children were injured. In October 2019, the mother moved to [City B] with B, Z and A. Y and X were cared for by their maternal grandmother and her ex-boyfriend, Mr E and finally only by Mr E due to the grandmother’s alcohol consumption. The father was detained from July to November 2019. After his release, he took care of Y, X and A (brought back from [City B]), but he continued to consume alcohol daily. The baby A was neglect by the father regarding his health needs.

In December 2019, the father left for [City B] with the 3 children and few days later, the DYP was informed that the parents consumed alcohol, cannabis, and cocaine daily and they got into fights. As of January 6, 2020, all the children were entrusted to a foster family under provisional measures. The Court declared that the security and development of the child were endangered [1] and entrusted her / him to a foster family until January

31, 2021. [ 9 ] On December 8, 2020 , the Court revised the situation. Since the last decision, B remained with Mr E. Y and X were together in a foster home in [City B] and A and Z were also together in another foster family in [City B]. The parents came back living up North. They recognized not being able to resume the care of their children but wanted that the 4 youngest be entrusted to a foster family in [City A]. The Court reminded that the children were entrusted in [City B] because the parents were there and di not have the intention to back up North. Doing so, the contacts were facilitated.

When the parents came back in [City A] in June 2020, the children were entrusted for 6 months. The Court insisted on the importance to regularly assess the possibility to entrust Native children close to their community according to the federal law. The Court entrusted B to Mr E, and the 4 youngest to their current foster family. The Court ordered the DYP to take the necessary steps to find a foster family in [City A] for the children.

Facts 1- The mother's situation [ 10 ] The mother continued to live in [City A]. [ 11 ] She took steps to attend [Organism A] a first time but had to renounce because she did not want to be at the same time of another specific person. She attended another session and succeeded in July 2021. [ 12 ] The [Organism A] worker testifies about the mother's motivation and involvement in the process. She participates to the pre- care and post-care follow-up and communicates minimally once a week with the addiction worker to have support. [ 13 ] She is not totally sober, but she does not consume at her place.

B is living with her, and she does not want him seeing her intoxicated. She is also able to protect X and Y who visit her everyday. If she is intoxicated, she tells them not to come. [ 14 ] Her efforts to maintain her sobriety make her to be more isolated but she accepts that. She does it for her and for her children.

She sews to occupy her free time and she loves that. [ 15 ] The DYP worker recognized the efforts made by the mother by attending a treatment center, but she considers that the mother did not demonstrate yet that she can maintain her efforts on a long period of time. [ 16 ] Concerns were raised about the conflictual relationship that she has with the father. The mother asserts that she feels stronger now, and she considers able to set her limits.

The house is under her name, and she will not hesitate to ask him to leave if he consumes or does not respect her. [ 17 ] The mother admits some relapses since she left [Organism A] but the evidence shown that she is much more in control of her consumption. [ 18 ] In December 2021, the Court was seized with an application for provisional measures due to B's behavioural issues. The DYP asked that the adolescent be entrusted to a rehabilitation center.

After hearing the evidence, the Court maintained the adolescent under his mother's care with strict conditions. [ 19 ] At the continuation of the hearing, the Court heard the evidence that those conditions were respected and the DYP did not ask anymore for a placement in rehabilitation center. 2- The father's situation [ 20 ] The father does not collaborate with the DYP and his exact situation is unknown. [ 21 ] He lives few months in [City B].

He attended some days of the hearing while he stopped in [City C] on his travelling between [City B] and [City A], but when it was his turn to testify, he refused to come at the Court House even if he was in the same village. [ 22 ] The other information that the DYP obtained are the following: he had been detained for a while since the last order, he lost his job and he had been evicted from his apartment in [City B]. [ 23 ] The DYP would like to meet with him to know more about his situation, but he is difficult to be reached. 3- Situation of Y and X [ 24 ] X and her brother, Y, have daily contacts with their mother after school.

They come for supper and the mother is very happy to cook for them.

The DYP does not impose any limit for those contacts and does not proceed to regular unannounced visits because the worker trusts the mother. [ 25 ] The DYP worker confirms that the mother had never been intoxicated in the presence of X and Y since she finished [Organism A]. [ 26 ] Y works at the school canteen with his uncle, and the mother supervises him to make sure that he respects his curfew after his job. [ 27 ] As B, Y loves practising traditional activities and he is very proud for providing for his mother. [ 28 ] In January 2021, a conflict occurred at the foster mother's place and Y left to go back living with his mother.

After few days he came back at his foster but his desire it to be entrusted under his mother's care. X also.

Analysis [ 29 ] As admitted by the parents, the situation of the adolescent continues to be endangered. [ 30 ] X and her brother, Y, are everyday with their mother and the DYP has a total confidence in her. She takes care of them after school. She prepares the supper and she makes sure that they respect the rules imposed to them. [ 31 ] The mother made a lot of effort to improve her situation and the children benefit from such improvements. [ 32 ] The Court took the decision under advisement and during that time the children were maintained in a foster family.

The mother had the intention to continue to improve her situation and the Court has no reason to think that she would not be able to do it. She is very motivated. [ 33 ] For that reason, the Court concludes that after few months in foster care, it's time for those children to be reunited with their mother.

FOR THOSE REASONS, THE COURT: [ 34 ] GRANTS the application; [ 35 ] DECLARES that the security and development of the adolescent X, born on […], 2009, are still endangered; [ 36 ] ORDERS that the adolescent be entrusted to a foster family until November 30, 2022, followed by a reintegration with the mother; [ 37 ] ENTRUSTS the adolescent under the mother’s care starting on December 1 st , 2022; [ 38 ] ORDERS that the contacts between the adolescent and the father be determined by the DYP regarding modality frequency and supervision by a third party if deemed necessary; [ 39 ] ORDERS that the adolescent attend school or another place or learning; [ 40 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform the organisation of their current situation; [ 41 ] ORDERS that the adolescent and the parents take an active

part in the application of any of the measures designed to put an end to the situation in which the security and development of the adolescent is in danger; [ 42 ] ORDERS that the parents remain sober in the presence of the adolescent; [ 43 ] ORDERS that the parents refrain from any kind of violence in the presence of the adolescent; [ 44 ] RECOMMENDS that the parents seek help through Social Services, or another resource deemed appropriate concerning their substance abuse, personal and marital issues; [ 45 ] AUTHORIZES the Director of Youth Protection to access the information regarding the parents’ presence at appointment with professionals and their level of involvement with the services provided; [ 46 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and the adolescent’s parents until June 30, 2023; [ 47 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection A, who shall then see that the measures are carried out; __________________________________ PEGGY WAROLIN , J.C.Q.

Me Geneviève Apollon attorney for the Director of Youth Protection Me Kelly-Ann Sinnet and Me Jean-Bernard Terrisse, attorneys for the child Me Ève Laoun, attorney for the mother Me Nada Boumeftah, attorney for the father Date of hearing: September 23, 24 and 29, 2021 November 15 and 23, 2021 December 10, 2021 January 28, 2022,