2019 QCCQ 10004, 2019 QCCQ 10004

Protection de la jeunesse — 191063 2019 QCCQ 10004 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 105-41-000427-162 DATE: January 9, 2019 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born [...], 2016 Child and A and B Parents/Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 child is entrusted into foster care when she is less than six months old. [ 2 ] On April 19, 2018, the Court orders that the child remain in foster care with a progressive integration in her maternal home environment.

Last September, the Court entrusts the child to her mother, on a provisional basis. [ 3 ] The director of youth protection (DYP) now asks that the child remain with her mother and the application of protective measures be extended for several months. [ 4 ] The father is absent at the hearing and from the child’s life. [ 5 ] Counsels for both the mother and the child express their agreement with the measures sought by the DYP. [ 6 ] The situation revealed by the evidence can be summarized as follows. [ 7 ] The mother’s general situation improves but remains fragile. The mother cooperates with the DYP.

However, she is sometimes reluctant to the professionals’ advices. [ 8 ] The social worker is often under the impression that the mother keeps information from her. For instance, the mother denies that her spouse drink too much and try to control her and then she says otherwise when they temporarily split up. [ 9 ] That separation between the mother and her partner occurs in December and lasts a couple of weeks. It takes place after the spouse being arrested for impaired driving. When he comes back home an altercation occurs and the mother calls the police to have him removed.

On at least one other occasion, the mother also calls the police following a quarrel with her partner. [ 10 ] Since they are back together, the mother says she requires her spouse to remain sober. [ 11 ] In September, the mother gives birth to a third child. She now has to take care of three very young children. For months, the family suffers serious financial strain, because they do not get family allowances. The mother undertakes steps in order to solve that

issue. [ 12 ] The family has to face another challenge in November, when their home is damaged by fire. It happens at night, while the spouse’s father babysits the children. He goes outside with the youngest children but lacks time to bring X who is upstairs. He does not call 911 but rather the spouse’s mother, Mrs. C, who lives nearby. The latter comes and takes the child out of the residence.

The situation is obviously stressful for the child and brings the Court to question the mother’s judgment when identifying babysitters. [ 13 ] Following the fire, the family has to relocate for a few weeks, while professional services clean the house. [ 14 ] The mother can rely on Mrs. C who comes home and provides support on a daily basis. Workers also see the family frequently. [ 15 ] The child attends daycare on a full time basis. [ 16 ] In her short life, the child has been moved from her mother to her foster family and then back to her mother. She most likely shows vulnerability in regards with attachment.

She seeks attention. Fortunately, the mother is sensitive to the child’s specific needs and she tries to fulfill them. [ 17 ] With the support network surrounding the family, there is hope that the situation will evolve positively. Nevertheless, the mother’s active and sincere cooperation is necessary, in the best interest of this young child. WHEREFORE, THE COURT: [ 18 ] GRANTS the application for revision and extension of order; [ 19 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 20 ] ORDERS that the child be entrusted to her mother; [ 21 ] FORBIDS contacts between the child and her father; [ 22 ] ORDERS that the mother actively participate in the measures ordered to put an end to the situation; [ 23 ] ORDERS that the child and her mother benefit from the services of an external educator as long as deemed necessary by the director of the youth protection; [ 24 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and her family until November 30, 2019; [ 25 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Alexis Deschênes for the child Me Isabelle Gagnon for the mother

Mr. B the father (absent) Written judgment filed on January 15, 2019