2020 QCCQ 12371, 2020 QCCQ 12371

Protection de la jeunesse — 208633 2020 QCCQ 12371 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 525-41-037142-205 DATE: November 11, 2020 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2020 child and A mother ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on November 11, 2020. [ 2 ] The Director of Youth Protection (the Director) alleges that the child’s security or development is endangered as a situation of serious risk of neglect exists. [ 3 ] On September 8, 2020, the Director recommended that the child be entrusted to a foster family, taking note that Ms. B was being assessed as a potential proximity foster family for the child.

The Director also recommended diverse support measures for a period of one year. [ 4 ] As the Director was unable to exhibit the original of the child’s birth certificate, the hearing was continued pro forma on November 11, 2020. [ 5 ] The mother was absent at the September 8, 2020 hearing. [ 6 ] The child’s attorney agrees with the Director’s plan. Question in litigation [ 7 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 8 ] The mother has been consuming drugs on a daily basis (crack cocaine and cannabis).

She did not receive any pre-natal care. She was found unconscious and brought to the hospital in labour. [ 9 ] At birth, the child tested positive for cocaine. She did not experience withdrawal symptoms. On June 28, 2020, the mother was discharged from the hospital and has not returned to see her daughter. The mother has not declared the child’s birth. [ 10 ] On July 7, 2020, the child was discharged from the hospital. Immediate protective measures were invoked.

[ 11 ] On July 9, 2020, the Tribunal ordered the provisional compulsory foster care of the child in a foster family. [ 12 ] On July 16, 2020, the Tribunal authorized the Director to register the child’s birth. [ 13 ] The mother recognizes that she is not in a position to care for the child. She does not currently have a fixed address. The child has four siblings, but none living in the mother’s care. At this point, the mother is unsure if she wants to be referred to an addiction resource.

Since her initial contact with the mother, the Youth Protection worker has been unable to reach and locate her. [ 14 ] The child has been doing well in her foster family. She is gaining weight. [ 15 ] The mother informed the Youth Protection worker of her intentions to have the child traditionally adopted by her own sister, Ms. B in [Province A]. The maternal aunt has already traditionally adopted one of the child’s siblings (Y). Steps have been taken for Ms. B to be assessed as a potential proximity foster family for the child.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the application for protection; [ 17 ] DECLARES that the security or the development of the child is endangered (

section 38 b) 2 of the Youth Protection Act ); [ 18 ] ORDERS that the child be placed in a foster family; [ 19 ] TAKES NOTE that Ms. B is being assessed as a proximity foster family, and ORDERS , if accepted and if it is possible to transfer the child, that the child be entrusted to the proximity foster home of Ms. B; [ 20 ] TAKES JUDICIAL NOTICE that Ms.

B would like and is in agreement to follow through with a plan for traditional adoption; [ 21 ] ORDERS that the frequency and modalities of contacts between the child and her mother be determined by the Director of Youth Protection; [ 22 ] ORDERS that the exercise of parental authority regarding the child’s medical consents be removed from the mother and GRANTS this exercise to the Director of Youth Protection; [ 23 ] ORDERS that the mother refrain from being under the influence while in the child’s presence; [ 24 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 25 ] THE WHOLE until September 8, 2021; [ 26 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on December 17, 2020 /cd Mtre Isabelle Loranger Counsel for the Director of Youth Protection Mtre Christian Benoît for Me Paule Ouellette Counsel for the child Dates of hearing: September 8 and November 11, 2020