2021 QCCQ 15239, 2021 QCCQ 15239

Protection de la jeunesse — 219045 2021 QCCQ 15239 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 640-41-002532-205 DATE: October 21, 2021 (written judgment rendered on January 11, 2022) ______________________________________________________________________ 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 of the A C.Y.P.C.

Applicant and A Mother And B , deceased Interested Party ______________________________________________________________________ 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 review and prolong a decision rendered on November 27, 2020, regarding the child X, born on [...], 2019. At that date the Court declared the security and development endangered [1] and entrusted the child to Mr.

B, with aid, counselling and assistance, until November 30, 2021. [ 2 ] The DYP asks that the child be entrusted to a foster family, with a gradual reintegration under the care of the mother as soon as the situation allows it, until May 31, 2022. Position of the Parties [ 3 ] The mother is present and represented by Me Angèle Tommasel. She recognizes that the situation of her child continue to be endangered and she agrees with the measures. [ 4 ] The child is absent, but represented by Me Cassandra Neptune.

On her client’s behalf, Me Neptune submits to the Court that her situation is still endangered and that the recommended measures are in her best interest. History of the Situation [ 5 ] On November 27, 2020 , the Court was seized with the situation of the child. X was 15 months old. She was born from the union of Ms. A and Mr. B, but the biological father is undeclared on the birth certificate. At the time of the birth, Mr. B, who comes from Town A like the mother, was living in Town B.

Between August 2019 and May 2020, the DYP received 5 reports about the child mostly due to the mother alcohol consumption issues. Immediately after being informed of the situation of his son, the biological father came back living in Town A and the child was entrusted under his care. After an event of conjugal violence, the mother was detained and Mr. B took good care of the child by himself. The mother recognized her drinking issues and her aggressive behaviour, but she did not take steps to address that. Mr.

B recognizes his criminal record, but now he wants to have a better life and to offer a safe environment for the child. He demonstrated during all the evaluation process that the child is his priority. The last positive contact between the child and his mother was in May 2020. Mr. B had a regular follow-up with the Social Services for his personal issues, but also to help him with the recognizance of paternity and for the application for family allowances. [ 6 ] The Court declared the situation of the child endangered and entrusted him to Mr.

B with various measures, the whole until November 30, 2021. [ 7 ] On May 28, 2021 , the Court was seized with an application for provisional measures and considering the recent deceased of

the biological father, the child was entrusted to a foster family. Facts [ 8 ] Since the last decision, the child had to be entrusted to a foster family due to his biological father’s deceased. [ 9 ] Progressively, the mother became more and more involved in her child’s life and she also became more stable since she lives at her mother’s place. [ 10 ] The DYP worker has concerns regarding her alcohol consumption and her aggressiveness issues.

But despite those concerns, she recognized that the mother was able to take proper decision on August 25, when she decided to end the contact with her son earlier, because she had consumed and she refused that her son see her in that state. Also, she is able to respect the calendar of contacts and she picks up her son 3 times a week, as scheduled. Since the mother is back in Town A, she collaborates well with the DYP services. [ 11 ] The child is always happy to see his mother.

He was able to develop very strong bonds with her. [ 12 ] The calendar of contacts will have to be modified soon due to the Public Health requirement and the numerous cases of Covid- 19 in the village of Town A. The DYP intends to come back to the regular calendar as soon as the Public Health authorizes it. [ 13 ] The DYP worker explains that she expected from the mother to be able to maintain her stability and to address her issues seriously (alcohol and aggressiveness) even if no event occurred recently. The DYP wants that the mother to be supported to maintain her improvements.

The DYP is aware that the mother refuse to attend Social Services, but will make verification if other services, more culturally acceptable, exist and could be offered to her. [ 14 ] The DYP had no time to visit the maternal grandmother’s house. For one month, the mother exercises her contacts at her aunt’s place and the DYP worker confirms that this house is adequate. [ 15 ] The mother testifies and confirms her intention to have more contacts with her son in the purpose to have him integrated under her care soon. [ 16 ] She confirms that she live at her mother’s place.

They are only both of them in the house and she intends to continue to live there. She wants the DYP to come to visit the house. She goes to her aunt’s place for her visit because she appreciate going there, her family is generally present and her family members are very helpful and supportive. [ 17 ] The mother plans to stay at her mother’s place until being able to have her own house. There is enough place to receive her son. [ 18 ] The mother denies having refused the help from the Social Services.

She accepts all the help suggested to her, but recognized that she particularly appreciate the help coming from her family members. [ 19 ] The mother also testifies about the concerns that she has when she picks up her son at the specialized foster family. She says that each time, he is hungry, he has wholes in his clothes and he has bruises sometimes. The mother questions her son’s well-being in the specialized foster family. Analysis [ 20 ] The situation of the mother drastically improved since the last decision.

She is in a way to gain stability, and she has regular contacts with her son. [ 21 ] The Court understands that the DYP has concerns because serious events occurred in the past and it is important to have the confirmation that the improvements are well rooted to ensure the child safety.

But, on another side, the mother confirms her intention to work intensively to have her son back under her care, no recent event could make us be feared that the situation degenerate and the steps to be taken to reinsure the DYP do not require a long period of time. [ 22 ] Doing so, the Court does not consider that a reintegration “when the situation allows it” is in the best interest of the child. If for now the child is not yet under the care of the mother, it is because the DYP did not assess her place of living.

The Court is well aware of the lack of human resources at the DYP office, but such situation cannot justify that a child be reintegrated when the DYP will be able to assess the living environment. [ 23 ] The situation appears to be appropriate at the grandmother’s house. The mother agrees to receive all the help that will be offered to her. Doing so, the Court will impose a maximum delay to complete the integration at the mother’s place.

This child deserves to live with his mother, and the evidence does not raise any obstacle to achieve this goal. [ 24 ] The DYP will have to assess the maternal grandmother’s environment, to suggest to the mother the services that she would need and to help her to have access to such services (Social Services, family house, elderly people, etc.).

FOR THOSE REASONS, THE COURT: [ 25 ] GRANTS the application; [ 26 ] DECLARES that the security and development of the child X, born on [...], 2019, are still endangered; [ 27 ] ORDERS that the child be entrusted to a foster family, chosen by the institution operating a child and youth protection centre, with a reintegration under his mother’s care; [ 28 ] ORDERS the Director of Youth Protection to closely assess the situation of the child in the foster family, specifically regarding

food, clothes, etc.; [ 29 ] ORDERS that the reintegration process be completed no later than January 31, 2022; [ 30 ] ENCOURAGES the involvement of the extended family in the process of reintegration; [ 31 ] ORDERS that the modalities, frequency and degree of supervision of the contacts between the child and the mother, be determined by the Director of Youth Protection; [ 32 ] ORDERS that the frequency and the duration of the contacts between the child and the mother increase in a way to facilitate the reintegration process; [ 33 ] ORDERS that the mother take an active

part in the application of the measures ordered by the Court; [ 34 ] ORDERS that the mother report in person, at regular intervals, to the Director of Youth Protection to inform her of the current situation; [ 35 ] ORDERS that the mother remain sober and without any violent behaviour in the presence of the child; [ 36 ] ORDERS that a person working for an institution or a body, provide aid, counselling and assistance to the child and the family; [ 37 ] TAKES JUDICIAL NOTICE of the mother’s consent to receive professional help for her personal issues; [ 38 ] 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; [ 39 ] 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 Me Angèle Tommasel, attorney for the mother Date of hearing: October 21, 2021