2022 QCCQ 14310, 2022 QCCQ 14310

Protection de la jeunesse — 229032 2022 QCCQ 14310 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002503-206 DATE: April 14, 2022 (written judgment rendered on June 13, 2022) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2014 [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 review a decision rendered on October 20, 2020, regarding the child X, born on [...], 2014. At that date the Court declared the security and development endangered, entrusted X into the care of the foster family of her maternal grandmother Ms.

C, and authorized a gradual reintegration of X under the care of her mother as soon as the situation allows it, the whole until October 31, 2021. [ 2 ] The DYP submits that the situation does not allow to return the child to his parents and asks that the child be entrusted to a foster family, until October 31, 2022. Position of the Parties [ 3 ] The hearing started in November 2021. At that date, despite being dully served, the mother was absent and not represented. The Court proceeded in her absence. The hearing was supposed to be continued in January 2022. The mother was still absent.

The hearing continued in April 2022. The mother was present and represented by Me Angèle Tommasel. Because of the delay since November 2021, and the fact that the mother was newly represented, the Court authorized that the evidence to be restarted from the beginning. She admits that the situation of the child is still endangered and she agrees with the measures suggested by the DYP. [ 4 ] The father was present at each court’s date and represented by Me Michaël Pereira.

He acknowledges that the security and development of his child are still endangered but, he disagrees with the measures and asks that X be entrusted to her maternal grandmother. [ 5 ] The child is 7 ¾ years old. She is absent, but represented by Me Cassandra Neptune. X agrees to remain in her current foster family. [ 6 ] The child has one sibling, Y (9). The Court is also seized with his situation. History of the Situation [ 7 ] On October 20, 2020 , the situation of the child was submitted to the Court.

The evidence shows that between November 2018 and October 2019, Y had been entrusted under his paternal grandparents’ care and X under her maternal grandparents’ care. They came back, after a certain period, with their mother. Both parents have alcohol consumption issues and the mother also displays mental health issues. The mother is conscious about her issues. She collaborates actively with the DYP, but her difficulties remained the same. The Court declared that the security and development of the child were endangered [1] and entrusted her to her maternal grandmother, the whole until October 31, 2021. Facts

[ 8 ] As ordered, X had remained with her maternal grandmother most of the measure. During that time the DYP had been made aware that the maternal grandmother’s consumption became more problematic. Indeed, X and the other children entrusted there disclosed some events of consumption. At a certain point, X had to be transferred to other family members for protection. With the accumulation of events and the fact that despite her intentions, the grandmother took no steps to address her issues, the DYP had to take the decision to close this foster family and to look for another one for X.

The objective was to find a foster family available to commit on a long-term basis. X had already suffered from a lot of instability due to her parents’ situation and now due to her maternal grandmother’s consumption issues. [ 9 ] Ms. D, the mother’s cousin raised her hand to foster X and confirms agreeing on a long-term basis if needed. X integrated recently this foster family, and she adapted very well. X confirms being very well and wanting to stay there.

The mother is in agreement with this placement, and she has a very good relation with her cousin. [ 10 ] The father does not have a lot of contact with X, but he appreciates those contacts. He asks for X to be returned under her maternal grandmother’s care. He is aware of her alcohol consumption, but does not consider that is problematic. According to him, the maternal grandmother ensure the child’s safety when she wants to drink. He has a good relation with her and considers that she take good care of his daughter. Although he asks for that return, he confirms that Ms.

D is also taking good care of X. [ 11 ] X had a poor school attendance. The maternal grandmother was not proactive to ensure the school attendance. The mother is concerned by that and made great effort to make sure that her daughter attend school. Ms. D also make sure that the child attend school and encourages her. [ 12 ] As mentioned, Ms. D agrees to foster the child, but she asks to have respite when needed. The DYP agrees with that and considering the very good collaboration of the mother, the DYP authorizes frequent contacts with sleep overs at the mother’s place.

As long as the mother is sober, the DYP has no concerns about the mother. Analysis [ 13 ] The situation of the child continues to be endangered and she continues to suffer from instability at her grandparents’ place. She had been entrusted there to maintain her with close family members, but unfortunately it did not work. [ 14 ] The paternal grandfather testimony did not reinsure the Court. Indeed, he clearly asserts that he will not collaborate with the DYP and that, according to him, he has no issues. The father confirms that there is no difficulty at the maternal grandparents’ place.

Obviously, the father does not see the seriousness of the situation and cannot be a protective factor for his children. [ 15 ] Luckily, other extended family members raised their hand to foster the children and both of them are adapting very well. [ 16 ] Although the parent’s situation does not permit them to have their children back, their situation improved enough to have regular and extended contacts with them as long as they remain sober .

FOR THOSE REASONS, THE COURT: [ 17 ] GRANTS the application; [ 18 ] DECLARES that the security and development of the child X, born on [...], 2014, are still endangered; [ 19 ] ORDERS that the child be entrusted to a foster family, chosen by the institution operating a child and youth protection centre; [ 20 ] TAKES JUDICIAL NOTICE that the child is currently entrusted to Ms.

D; [ 21 ] 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; [ 22 ] TAKES JUDICIAL NOTICE that the Director of Youth Protection agree with extended contact between the children, the parents and the grandparents as long as the parents and the grandparents are sober; [ 23 ] ORDERS that the parents take an active

part in the application of the measures ordered by the Court; [ 24 ] ORDERS that parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 25 ] ORDERS that a person working for an institution of a body, provide aid, counselling and assistance to the child and the family; [ 26 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 27 ] THE WHOLE until April 30, 2023. __________________________________ 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 (April 14, 2022) Me Michaël Pereira, attorney for the father Dates of hearing: November 9, 2021 and April 14, 2022