2022 QCCQ 14306, 2022 QCCQ 14306

Protection de la jeunesse — 229028 2022 QCCQ 14306 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002449-202 DATE: April 13, 2022 (written judgment rendered on June 6, 2022) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2020 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A Applicant and A Mother and B 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 prolong a decision rendered on May 10, 2021, regarding the child X, born on [...], 2020.

At that date the Court declared the security and development still endangered and entrusted the child to a foster family with a gradual reintegration of the child with her mother or her father or both of them, if the situation allows it, until January 31, 2022. [ 2 ] The DYP submits that the situation does not allow to return the child to her parents and asks that she be entrusted to a foster family for a period of 1 year. Position of the Parties [ 3 ] The mother is present and represented by Me Cassandra Neptune. She recognizes that the security and development of her child are still endangered.

Regarding the measures, she understood that the child had been reintegrated under foster care because she lives at the maternal grandmother where the child is entrusted. She would like to have her child under her care. [ 4 ] The father is present and represented by Me Angèle Tommasel. He recognizes that the security and development of his child are still endangered. He agrees with the placement for now, but asks for a reintegration under his care soon. In the interval, he wants to have contacts with his daughter. [ 5 ] The child is 2 years old. She is absent, but represented by Me Michaël Pereira.

After hearing the evidence, Me Pereira submits to the Court that the child’s situation continue to be endangered and that the placement at the maternal grandmother’s place should be maintained. History of the Situation [ 6 ] On March 31, 2020 , the Court entrusted the child to her paternal grandmother under provisional measures. [ 7 ] On May 1, 2020 , the situation of the child is submitted to the Court. The child is 4 months old. The parents have alcohol consumption and conjugal violence issues. The baby is present during the different events of violence and consumption.

The mother is suicidal since 2018, and she also tried to commit suicide in the presence of the child. The mother suffers from depression diagnosed in 2019, and a post-partum depression. She is prescribed with medication, but she did not take it. The father recently ended the relation with the mother, but remained very ambivalent. Since the child had been placed in emergency, she had been in 5 different foster families. The paternal grandmother commits to foster her as long as the parents do not show up at her place intoxicated.

The Court declared that the security and development of the child were endangered [1] and entrusted her to her paternal grandmother. The Court ordered that the mother undergo to a psychiatric and psychological assessments and to follow the recommendations, the whole for a period of 6 months.

[ 8 ] On June 26, 2020 , the Court entrusted the child to a foster family under provisional measures. [ 9 ] On July 23, 2020 , the Court revised the situation. The evidence shows that the paternal grandmother had alcohol consumption issues, and left the child alone in the presence of the mother while she wanted to consume. The mother did not seek help for her mental health issues, and her situation degenerated since the last decision. The Court entrusted the child to a foster family and ordered that the address remain confidential.

The Court ordered the mother to continue her mental health follow-up, to undergo to psychiatric and psychological assessments and to follow the recommendations, the whole until April 30, 2021. [ 10 ] On May 10, 2021 , the Court revised the situation. The parents maintained contacts with the child, particularly the mother who exercised more frequent contacts. The child reacted very well in her mother’s presence. The mother started a regular follow-up for her mental health issues, she accepted to take her medication, but refused to participate to a psychological evaluation. The parents are separated.

The father now lives in Town B and stopped drinking for 2 months. Considering the improvement of both sides, the Court insists on the importance to work on a reintegration of the child to one of her parents. The Court entrusted the child to a foster family and order a minimal frequency of contacts between the child and the mother. The Court authorized a gradual reintegration, the whole until January 31, 2022. Facts [ 11 ] Since the last decision, X remained in a foster family in Town A.

She did very well and has a very good development. [ 12 ] The mother was sometimes very collaborative and very appropriate, but some elements show a recurrent instability. She is still affected by the end of her conjugal relationship with the father and continues to be very ambivalent toward him. [ 13 ] The mother also was very affected by her sister’s death by suicide.

During that period, it was obviously very difficult for her, but she had been able to remain present for X and the integration progress continued. [ 14 ] Unfortunately, a few days after, the mother admitted not taking her medication regularly and she has to be hospitalized in October 2021, for her mental health issues. She had suicidal and homicidal ideations. She stayed there for 3 weeks. Today, she is not interested anymore to continue her psychological follow-up. [ 15 ] The reintegration process had to be stopped due to the mother’s mental health instability.

Some contacts had to be ended earlier and police intervention was needed because the mother was unappropriated with the child. [ 16 ] The mother gave birth to a baby boy at the beginning of March 2022. The child was removed from her care for the same reason. [ 17 ] The father is still living in Town B. He does not communicate regularly with the DYP and numerous attempts were made to reach him by phone and by FM calls. The father has criminal conditions not to be in Town A. He was invited to ask for an exemption for his daughter, but he did not.

The DYP in Town B is assessing the capacity of the father’s environment to take care of the child. Until recently, the DYP considered that the reintegration under the father’s care was not possible due to the long period of time without contacts between the child and the father. [ 18 ] Recently, the DYP communicated with the father’s criminal lawyer and modifications to his conditions will be made. Contacts in Town A will be possible shortly.

When the first contacts are made, the reaction of the child will be considered to organize other contacts. [ 19 ] The maternal grandmother is available to foster the child and her little brother and ready to commit on a long-term basis. An integration progress is started. The mother is living there and, doing so, she has daily contacts with her daughter.

The mother’s presence is helpful for the grandmother on certain aspects, but could also be detrimental because the relation between both is not always positive. [ 20 ] Depending on the evaluation of the contacts between the father and the child, and depending on the level of involvement of the father, the DYP has an openness to work on integration with the father even if the maximum period of placement has been reached. [ 21 ] The father asserts that he stopped consuming alcohol since September 2021, and that there is no conjugal violence between him and his new partner.

They recently had a new born and the father wants to make sure that his life will continue to be positive as it is currently. He wants his daughter to be reintegrated under his care. Analysis [ 22 ] The situation of the child continues to be endangered and justifies that the involvement of the DYP be maintained. [ 23 ] After a certain period of improvement, the mother’s situation degenerated to the point that a hospitalization had been required. For now, it is still very fragile and she is not in a position where she can take care of the child alone.

For sure, with the help of the grandparents where she is living, it is maybe possible. The future will tell. [ 24 ] The father has very good will to take care of her child, but he is conscious that his absence prevented him from working on a reintegration immediately. It is necessary to create bonds between him and the child first. His regular involvement and collaboration will be the key for such reintegration to be done. [ 25 ] Waiting for the parents to do what they have to do, the child has to be in security. The grandmother is available and willing to take care of her.

It is in the child’s best interest to be entrusted to close relatives. FOR THOSE REASONS, THE COURT: [ 26 ] GRANTS the application;

[ 27 ] DECLARES that the security and development of the child X, born on [...], 2020, are still endangered; [ 28 ] ORDERS that the child be entrusted to a foster family, chosen by the institution operating a child and youth protection centre; [ 29 ] TAKES JUDICIAL NOTICE that the child is currently entrusted to her maternal grandmother and that the Director of Youth Protection intend to maintain her at that place; [ 30 ] AUTHORIZES reintegration of the child in the parental environment the most suitable for her; [ 31 ] ORDERS that the parents take an active

part in the application of the measures ordered by the Court; [ 32 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform her of the current situation; [ 33 ] ORDERS that the parents remain sober and without any violent behaviour in the presence of the child; [ 34 ] RECOMMENDS that the parents seek help through the Social Services concerning their alcohol and personal issues; [ 35 ] ORDERS that the modalities, the frequency and the degree of supervision of the contacts between the child and the parents be determined by the Director of Youth Protection; [ 36 ] ORDERS that a person working for an institution or a body, provide aid, counselling and assistance to the child and the family; [ 37 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 38 ] THE WHOLE until April 30, 2023. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Justine Carli, attorney for the Director of Youth Protection Me Michaël Pereira, attorney for the child Me Cassandra Neptune, attorney for the mother Me Angèle Tommasel, attorney for the father Date of hearing: April 13, 2022