2021 QCCQ 14789, 2021 QCCQ 14789

Protection de la jeunesse — 218534 2021 QCCQ 14789 JB5047 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth division »

N o : 455-41-001357-219 DATE: October 21, 2021 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on [...], 2014 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of CIUSSS A; Applicant -and- A Child’s mother -and- UNDECLARED FATHER Child’s father ______________________________________________________________________ JUDGMENT [1] ______________________________________________________________________ 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.). Introduction [ 1 ] The Director is requesting for the revision of the Court order rendered on February 5 th , 2021. [ 2 ] By this order, the Tribunal declared the security and development of the child X still in danger on the grounds of educational neglect and serious risk of neglect (alcohol and drug issues and mental health issue). [ 3 ] As protective measures, the Court entrusted the child to his maternal grandmother, Mrs.

B, took judicial notice of the Director of Youth Protection’s intention to assess Mrs. B as a proximity foster home, ordered, following a positive assessment of Mrs. B’s environment, that the child be entrusted to the foster family of Mrs.

B for the duration of the Court order. [ 4 ] The Court also authorized contacts with his mother, supervised by a third party to be determined by the Director, excluding the maternal grandmother and according to the frequency and modalities set by the Director, ordered various other measures and a social follow-up for a period of six months. [ 5 ] Today, the Director considers that the security and the development of the child are still in danger for the same motives. [ 6 ] Because of the new facts alleged, the Director recommends revising the protective measures so that the Court entrust the child to Mrs.

B, authorize, in the child’s favour, contacts with his mother, supervised by a third party, order various other measures and a social follow-up for a period of one year. [ 7 ] At the hearing on October 21, 2021, the mother is present and represented. She agrees with the recommended measures.

Nonetheless, she stresses that she would want to have her son back eventually. [ 8 ] The child’s lawyer also agrees with the recommendations but recommends that the child benefits from longer visits with his mother. Evolution of the situation [ 9 ] X is now seven years old. He lives with his maternal grandmother, Mrs. B. [ 10 ] At the beginning of this order, X was showing behavioural problems and academic delays.

Many strategies had been tried but nothing seems effective to prevent his tantrums. [ 11 ] During this school year there has been some significant improvement in his behavior. [ 12 ] The child benefits from zoo therapy program at Social Pediatric Center A. [ 13 ] The grandmother also found a private psychologist for X. [ 14 ] The contacts between the mother and the child were set to 1h15 once a week under supervision. [ 15 ] The mother attended most of them but she missed two visits in a row in May 2021 and X showed some ambivalent behavior towards her. [ 16 ] On May 7th, 2021, the delegate observed the mother was emotionally disturbed and had big scratches on her neck. [ 17 ] The mother explained that she got in a fight with the grandmother, feeling she was being judged by her. [ 18 ] On a few occasions, the mother showed up unannounced at the grandmother’s place but Mrs.

B did not let her stay. [ 19 ] The mother was also not always constant in her attendance to the visits with her son. She can also arrive late.

She lacks planning and has difficulty keeping her clam throughout the visit, sometimes arguing with X. [ 20 ] The mother also calls X every night but the child does not want to talk to his mother saying he is busy or watching his show. [ 21 ] On May 27 th , 2021, the mother was hospitalized after being implicated in a violent fight where she and her boyfriend were hit with baseball bats. [ 22 ] On June 3rd, 2021, the mother told the delegate she was facing criminal charges for drug trafficking. [ 23 ] The mother is experimenting residential and personal instability.

She is not available to prioritize X’s needs. [ 24 ] Although the mother participates to the social follow up she does not recognize the situation of compromission and is unable to properly identify her child’s needs. [ 25 ] As for her drug and alcohol consumption, she is participating in a follow up with organism A. This being said, when she met the worker for the first time she said she had no problem and was doing this only to satisfy the Director. [ 26 ] She submitted to five random drug tests and failed two of them as they showed traces of cocaine.

The last test was October 6 th 2021 and was negative. [ 27 ] The fact that the mother does not recognize her personal issues which affect her parental capacity does not bode well for the future. [ 28 ] She must also try to control her behaviour during the visits to ensure that X feels secure during the time he is with his mother. [ 29 ] Having read the report and heard the mother’s testimony, the Court finds that the evolution of the situation gives way to the recommended measures.

FOR ALL THESE MOTIVES THE COURT: GRANTS the present application; DECLARES that the security and development of the child X are still in danger on the grounds of educational neglect and serious risk of neglect (alcohol and drug issues and mental health issue); REVISES the Court order rendered on February 5 th , 2021 in the present file; ENTRUSTS the child X to a foster home determined by the Director; TAKES ACT that this foster home is the one of Mrs.

B; AUTHORIZES, in the child’s favour, contacts with his mother, supervised by a third party designated by the Director of Youth Protection, according to the frequency and the modalities set by the Director of Youth Protection; TAKES NOTICE that the mother is in agreement to undergo random screening test for drugs or alcohol use and to undertake a

psychological follow-up; 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 or development of the child are in danger; ORDERS that the mother take an active

part in the application of any of the measures ordered, namely to the elaboration of the intervention plan and to the psychosocial follow-up, in order to put an end to the situation in which the security or development of the child are in danger; RECOMMANDS that the mother continues to address her drug and alcohol problem; ORDERS that the child receive all health and social services that he needs, including a psychological assessment; ORDERS that a person, working for CIUSSS A or any other establishment or body, provide aid, counsel and assistance to the child and his family for a period of one (1) year; ENTRUSTS the situation of the child X to the Director of Youth Protection to see that the measures are carried out. __________________________________ PASCALE BERARDINO, J.C.Q.

M e Pascale Gauthier Counsel for the DYP M e Karyn Brown Counsel for the child M e Mireille Leblanc Counsel for the mother Deposited exhibits: D-4 and D-5