2019 QCCQ 14847, 2019 QCCQ 14847

Protection de la jeunesse — 1911156 2019 QCCQ 14847 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 640-41-002351-192 DATE: September 9, 2019 (written judgment rendered on January 6, 2020) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on […], 2019 [SOCIAL WORKER 1], Youth Protection worker, duly authorized person 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 and B, residing and domiciled at [...] in Town A, district A (Quebec) [...] Interested party ______________________________________________________________________ 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 development of the child X, born on [...], 2019, are endangered under paragraphs (b) (1) ii., (b) (1) iii. and (

c) of

section 38 [1] of the Youth Protection Act (YPA). [ 2 ] The DYP asks that the child be entrusted to a foster family for a period of one year. Position of the parties [ 3 ] The mother is present and represented by Me Tommasel. She recognizes that the security and development of her child are endangered and she agrees with the placement in a foster family if it is with the grandmother. [ 4 ] The biological father made a request to be declared as an interested party. He agrees with this request. Considering the interest of the child, the Court declared Mr. B as an interested party under

section 81 YPA. [ 5 ] The child is absent, but represented by Me Sinnett. On the behalf of her young client and after hearing the evidence, she suggests the Court to grant the recommended measures. Facts [ 6 ] X is the fifth child of the parents. One is entrusted to his maternal grandmother, one is adopted by the maternal grandmother and two are entrusted to a foster family down South, until their majority. [ 7 ] X was born prematurely on [...], 2019, and stayed hospitalized until June 19, 2019.

During this period, the mother had to be expelled from the hospital because of her level of intoxication. [ 8 ] Following his discharge, X was entrusted to the foster family of Ms. C and Mr. D. Ms. C is a nurse at the hospital of Town A and Mr. D stays at home. [ 9 ] X evolves well in this environment, but he needs medical follow-up and to be fed up at least every four hours, as he is very tiny for his age. [ 10 ] The DYP is involved in the family because of the parent’s personal issues as alcohol and conjugal violence.

The DYP worker expect from them that they maintained regular contacts with their son to create secure bonds with him and that they address their issues. [ 11 ] The parents spoke about going to Portage Centre, but did not take steps to be registered. For the DYP worker, their situation remains the same despite the services provided in the file of the other children. Doing so, she considers that they do not have the

willingness or the desire to change their way of life. [ 12 ] While X was still at the hospital, the DYP worker asked the grandmother if she would be ready to foster him. She said at the beginning that she would be ready to try, but after thinking about that, she renounces as she said it would be too much for her. A few weeks after, the DYP asked her again, but her answer was the same. [ 13 ] A meeting took place between the foster family, the parents and the grandmother to introduce themselves. The contacts went well.

The foster family invited them to come at their place to visit the child. [ 14 ] In July, the parents exercised four visits with their child before the foster family went down South for vacation.

Since they came back on August 29, and before September 9, the date of the hearing, the parents saw their child only once. [ 15 ] For the DYP worker, a reintegration would be possible only if the parents show constancy in their access with the child and improvement in their situation which, according to her, they did not since the birth and they did neither in the file of their daughter. [ 16 ] The foster family is available to foster X on a long term basis, and they plan to stay in Town A.

The DYP worker agrees to encourage the contacts between the grandmother and the siblings and also agrees that the contacts took place at the grandmother’s place as she is very reliable. Analysis [ 17 ] As admitted by the parties, the DYP made the evidence that the situation of X is endangered under

section 38 (b) (1) ii., 38 (b) (1) iii. and 38 (c). [ 18 ] For now, the parents are not in a position to take care of their child who has a lot of specific needs. The parents have their personal issues to be addressed which avoid them to be fully available for X and for their other children. [ 19 ] X is now in a safe environment, and he is well taken care. [ 20 ] The parents’ situation is known for few years. They are informed of the steps they have to take to be able to resume the care of their child.

The Court heard that the foster family is available on a long term basis which is for sure appropriate for the child if a placement is still needed in the future, but that is not the purpose of the law actually. [ 21 ] The Court can’t consider that the parents won’t be able to resume the care of X because they do not have the care of their other children. The Court was not seized with those situations and ignores the evidence provided in those files. [ 22 ] The objective of the law is to help the parents to be able to raise their children.

If they can’t do it in a certain delay, the Court will have to make a decision. That is not the purpose today and it is not the message the Court wants to send to the parents. [ 23 ] They know what they have to do and the Court encourages them not to wait to do it. [ 24 ] Regarding the grandmother, the Court understand that she is not able to take care of her grandchild and totally respect her position. That being said, the contacts should be maintained as it is also important for the child to create bonds with her.

FOR THOSE REASONS, THE COURT: [ 25 ] GRANTS the application; [ 26 ] DECLARES that the security and development of the child X, born on [...], 2019, are endangered under paragraphs (b) (1) ii., (b) (1) iii. and (

c) of

section 38 of the Youth Protection Act ; [ 27 ] ORDERS that the child be entrusted to a foster family, chosen by the institution operating a child and youth protection centre; [ 28 ] ORDERS that the child receive all health cares and services required by his situation; [ 29 ] ORDERS that the modalities, the frequency and the degree of supervision of the contacts between the child, the mother, the interested party and the extended family are determined by the Director of Youth Protection and organized to a minimum frequency of once a week, in a way to encourage creating attachment with his family; [ 30 ] ORDERS that the mother and the interested party report in person to the Director of Youth Protection to inform her of the current situation; [ 31 ] ORDERS that the mother and the interested party take an active

part in the application of any of the measures ordered by the Court; [ 32 ] ORDERS that the mother and the interested party remain sober and without any violent behaviour in the presence of the child; [ 33 ] RECOMMENDS that the mother and the interested party seek help from Social Services to address their personal issues; [ 34 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the child, the mother, the interested party and the extended family, if they requested it; [ 35 ] 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;

[ 36 ] ORDERS the execution of the present judgment by any peace officer; [ 37 ] THE WHOLE for a one-year period. __________________________________ PEGGY WAROLIN , J.C.Q. Me Robert-André Adam, attorney for the Director of Youth Protection Me Kelly Ann Sinnet, attorney for the child Me Angèle Tommasel, attorney for the mother Date of hearing: September 9, 2019