2021 QCCQ 10680, 2021 QCCQ 10680

Protection de la jeunesse — 214691 2021 QCCQ 10680 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002643-218 DATE: May 28, 2021 (written judgment rendered on July 6, 2021) ______________________________________________________________________ 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 A, working in [...] Applicant and A, residing and domiciled at [...] Mother ______________________________________________________________________ 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) i and (b) (1) iii [1] of

section 38 of the Youth Protection Act . [ 2 ] The DYP asks that the child be entrusted to the maternal grandmother, Ms. B, with a gradual reintegration under the mother’s care as soon as the situation allows it, until May 31, 2022. Position of the Parties [ 3 ] The mother is absent and not represented. Considering she was dully served, and considering the numerous attempts made by the DYP worker to facilitate the mother’s presence, the Court proceeded in her absence. [ 4 ] The child is absent, but represented by Me Cassandra Neptune.

On her client’s behalf, she submits that his security and development should be declared endangered and that the measures suggested are in his best interest. [ 5 ] X has 2 siblings, Y (6 years) and Z (4 years). The Court is also seized with their situation. Facts [ 6 ] The family situation is known since the end of 2017, following reports received regarding neglect. [ 7 ] The child’s siblings were the object of a decision rendered by the Youth chamber until March 31, 2020, and their situation was declared endangered due to a situation of neglect in terms of educational needs.

They were entrusted to their maternal grandmother and reintegrated under the mother’s care before the end. The mother signed a post-order agreement by the middle of March 2020, to continue the follow-up. [ 8 ] At that time, the mother agreed to continue to request the help of the grandmother as safety when needed. She also agreed to work closely with the DYP to continue on the right path as she was. [ 9 ] In August 2020, the previous pattern resurfaced and the mother started drinking again.

She recognized that she had left the children alone or with the grandparents leaving them with the parental responsibilities. The mother signed a voluntary measures and recognized that the children’s situation was endangered due to neglect in terms of basic needs and supervision. The mother consented to entrust the children to the maternal grandmother. [ 10 ] The previous file was closed because the mother had been able to mobilize herself enough to stop drinking and to take care properly of her children.

Unfortunately, she relapsed and the children were affected again. [ 11 ] The grandparents are very involved in their grandchildren’s situation. The grandmother does not consume at all, but the grandfather consumes sometimes. As the grandparents have 2 houses, when that happened, the grandmother moved to the other house

with the children. She could feel sometimes overwhelmed by the situation, but with encouragement and considering she deeply loves her grandchildren, she never gives up and provide them with very good care. [ 12 ] The mother is at the grandparents almost every day. Doing so, the children have no impact of the separation from their mother. They are developing very well at the grandparents’ place and they are very close to those adults surrounding them. [ 13 ] The mother was invited to seek help through the Social Services, but even if she had filed her application, she did not go, saying she is too shy.

Starting in March, the DYP worker offered her regular workshops regarding the impact of the consumption on her children and regarding consequences of excessive drinking. She participated well. [ 14 ] The DYP worker is convinced that the mother has the capacity to change her way of life as she did in the past. With the appropriate support, she could achieve this goal. The Court shares the same opinion and insists on the importance to maintain a high intensity of service for the mother to feel well supported in this challenge.

FOR THOSE REASONS, THE COURT: [ 15 ] GRANTS the application; [ 16 ] DECLARES that the security and development of the child X, born on [...], 2019, are endangered under paragraphs (b) (1) i and (b) (1) iii of

section 38 of the Youth Protection Act ; [ 17 ] ORDERS that the child be entrusted to the maternal grandmother, Ms. B; [ 18 ] ORDERS that the child be gradually reintegrated under the mother’s care as soon as the situation allows it; [ 19 ] 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; [ 20 ] ORDERS that the mother take an active

part in the application of any of the measures ordered by the Court; [ 21 ] STRONGLY RECOMMENDS that the mother seek help from the Social Services; [ 22 ] ORDERS that a person working for an institution or body, provide aid, counselling and assistance to the child, the mother and the grandparents; [ 23 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 24 ] THE WHOLE until May 31, 2022. __________________________________ PEGGY WAROLIN , J.C.Q. Me Adèle Cyr, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Date of hearing: May 28, 2021