2019 QCCQ 15284, 2019 QCCQ 15284

Protection de la jeunesse — 1910416 2019 QCCQ 15284 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002308-192 DATE: August 5, 2019 (written judgment rendered on November 11, 2019) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2012 [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 [...], 2012, are endangered according to paragraphs (b) (1) iii. and (c) [1] of

section 38 of the Youth Protection Act . [ 2 ] The DYP recommends that the child be entrusted to a foster family, chosen by the institution operating a child and youth protection centre, until June 30, 2020. [ 3 ] The mother has three children. She traditionally adopted her niece, X (7 years old), she has Y (4 years old) from her union with Mr. B and Z (3 years old) with an undeclared father. The Court is seized with the situation of X and Y. Z is the object of a decision rendered by the Court of Quebec on January 29, 2019, and he was entrusted to a foster family.

Position of the parties [ 4 ] The mother is present and represented by Me Mocanu. She admits most of the allegations, but she contests the measures. [ 5 ] X, who is 7 years old, is absent, but represented by Me Boudreau. She is now in a foster family and she would like to stay where she is. Facts [ 6 ] The situation of the family is known by the DYP since 2013. For six months in 2015, the family received services and also for from April 2017 to December 2018. [ 7 ] The mother has alcohol consumption issues. She also has violent conjugal relationship.

The children often witness their mother while intoxicated and are left without proper supervision. The children often have to search by their own for a safe place to sleep. [ 8 ] The grandmother is present in the life of the children, but she also has alcohol consumption issues. [ 9 ] Between February 5 and April 2, 2019, the DYP received three reports regarding neglect in terms of supervision. [ 10 ] On March 28, the DYP had to take immediate protective measures. The mother accepted to entrust her children under her parents’ care as she was conscious not to be able to take care of her children while intoxicated.

But her parents and her extended family members also have an alcohol addiction issue, and doing so, it was very difficult for her to find a reliable adult to take care of her children when she drinks. [ 11 ] A few days later, her mobilization was not present anymore. She was at the bar, totally intoxicated in company of her parents also intoxicated. The children were at the grandparents’ place with their uncle who has no right to be in presence of children because of his criminal conditions. The mother, when confronted became aggressive.

[ 12 ] The day after, she accepted to entrust her children in a foster family for 30 days, to collaborate with the DYP and to respect the

schedule and the modalities of access. On April 3, 2019, X and Y were entrusted to Ms. C who already fostered Z. [ 13 ] The mother had no plan to stop drinking. She would agree to take steps if her boyfriend address his issues with her, but he has no interest to do so she won’t do. [ 14 ] X expressed being well in her foster family and she understands fully why she was there. [ 15 ] On April 8, the mother was beaten by her boyfriend while both were intoxicated. The police had to intervene, the boyfriend was arrested and detained. The mother was met following this event.

She had bruises on her face, but she confirmed her intention not to press charges. She was waiting for her boyfriend to be released and back at home. She was not scared that her children could see her like that during the next visit as it would not be the first time. [ 16 ] The next visit took place at the grandparents with the mother. Y had difficulty to leave his mother at the end of the visit, and the mother did nothing to reinsure him. Only X tried to calm him down without success.

The mother was supposed to have another access the day after, but she did not call back the DYP worker. [ 17 ] According to the DYP worker, the mother is very adequate when she is sober, but her alcohol consumption issue is very important. She does not make sure to protect her children against the impact of her consumption and her violent conjugal relationship. [ 18 ] X is a very brilliant girl. She is attending school regularly. She is mature enough to understand the personal situation of her mother, and she is taking a parental role towards her younger brother.

The attachment between her, the mother and also with the grandmother does not appear very strong. She is ambivalent regarding her needs of contact with her mother and express easily being well in her foster family. [ 19 ] While questioned on this aspect, the DYP worker confirms that an evaluation of the attachment could be done to be prepared to any kind of difficulty in the future. [ 20 ] The DYP worker made a visit calendar, but it is not always respected as visits have to be cancelled because the mother used her money to drink and she has no more to feed the children.

Because of that, to have a visit, the mother has to communicate with the DYP worker. [ 21 ] The mother was recently informed that she suffered from a tumour. She was hospitalized in Montreal on May 22, 2019. On June 5, 2019, the Court was seized with a provisional hearing and the mother were still hospitalized. The Court entrusted the children to a foster family. [ 22 ] The mother testified being aware of her difficulties, but having a lot of difficulty to stop as she has no support from family members. Everyone in her entourage has alcohol issues.

She expresses, at the same time, a great desire to resolve her issues, but also an important difficulty to address her problem. Analysis [ 23 ] The situation of the children is clearly endangered because of an important lack of supervision and because of the context of conjugal violence in which they evolved. [ 24 ] The mother starts to take conscious of the impact of her personal situation on her children. She recognizes having a lot of difficulty to take the necessary steps.

For her, the fact that no one in her extended family is able to support her in her control of consumption seems to be very difficult. [ 25 ] The Court understand that it could be difficult, but she has to prioritize her children and to realize that they would like to be with her if the living conditions she offers would be better. [ 26 ] It’s obvious that the mother cannot achieve that by herself and she knows that. She asks for help. The mother has to be supported in this process. [ 27 ] X express being well in her foster family. She is in a safe and loving environment.

She deserves to stay there until her mother be able to resume the care of her children. FOR THOSE REASONS, THE COURT: [ 28 ] GRANTS the application; [ 29 ] DECLARES that the security and the development of the child X, born on [...], 2012, are endangered according to paragraphs (b) (1) iii. and (

c) of

section 38 of the Youth Protection Act ; [ 30 ] ORDERS that the child be entrusted to a foster family, chosen by the institution operating a child and youth protection centre; [ 31 ] AUTHORIZES the reintegration of the child with her mother if the situation allows it; [ 32 ] ORDERS that the mother take an active

part in the application of the measures ordered by the Court and fully cooperate with the Director of Youth Protection; [ 33 ] ORDERS that the mother report in person, at regular intervals, to the Director of Youth Protection to inform her of the current situation;

[ 34 ] ORDERS that the mother or any adult remain sober and refrain from all violent behaviour in the presence of the child; [ 35 ] STRONGLY RECOMMENDS that the mother seek help through the Social Services or any other type of service concerning her personal issues; [ 36 ] RECOMMENDS that the mother receive help regarding her alcohol issues; [ 37 ] AUTHORIZES the Director of Youth Protection to have access to information regarding the mother and the child in terms of presence at the appointment with the professionals and the level of involvement in the services provided; [ 38 ] ORDERS that the modalities, duration, frequency and degree of supervision of the contacts between the child and the mother be supervised by the Director of Youth protection; [ 39 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the child and the mother; [ 40 ] ORDERS any police force to collaborate with the execution of the Court order if requested to do so by the Director of Youth Protection or one of his representatives; [ 41 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 42 ] THE WHOLE until May 22, 2020. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Caroline Daniel, attorney for the Director of Youth Protection Me David Boudreau, attorney for the child Me Ana-Maria Mocanu Culuri, attorney for the mother Date of hearing: August 5, 2019