2020 QCCQ 8212, 2020 QCCQ 8212

Protection de la jeunesse — 202123 2020 QCCQ 8212 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] “Youth Division” No: 635-41- 000999-208 DATE: January 28, 2020 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2018 child and A B parents ______________________________________________________________________ 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 January 28, 2020. [ 2 ] The Director of Youth Protection (the Director) alleges that the child’s security or development is compromised. [ 3 ] Today, the Director recommends that the child be placed in a foster family and that diverse support measures be ordered until January 31, 2021. [ 4 ] The mother wants to resume the care of the child and plans to live in her home in Town A.

In the event that the child remain placed in Town B, she plans to stay in Town B. [ 5 ] The father is supporting the mother’s position. [ 6 ] The child’s attorney is agreeing with the Director’s plan. She recommends that Mr. C be eventually assessed as a potential resource for the child. Question in litigation [ 7 ] Are the proposed measures in the child’s best interest and are they respecting his rights? Context and Analysis [ 8 ] On July 1, 2019, the father wanted to enter the house of D but he was intoxicated.

The mother called the police and the father was placed under arrest for being drunk in a public place. [ 9 ] Later the same day, the police received a call reporting that the father had pushed the baby (X). The mother reported to the police that one of the kids fell on the baby. Upon examination, the police noticed that the baby had blood on top of his nose. The mother refused for the child to be checked by the nurse.

The Youth Protection worker left with the baby and his brother E for the nursing. [ 10 ] In October 2019, the Director was informed by a third party that the mother had moved to Town B with three of her five children (Y, Z and X). The father mentioned that the mother and the children were residing at different friends’ houses, but refuse to

provide the addresses. The other two children (E and

F) were cared for by their maternal grandmother, Ms. D and her ex-partner, Mr. C. [ 11 ] On October 17, 2019, Ms. D and her son G were intoxicated with alcohol while caring for E and F. The two children were entrusted to Mr. C. [ 12 ] In October 2019, the Director was able to contact the mother by phone. She mentioned that she was looking to rent an apartment in Town B for her five children. She did not want to live in Town A anymore and wanted to get away from alcohol.

At the time, she refused to disclose her location. [ 13 ] From July to November 2019, the father was detained in relation to a physical altercation. [ 14 ] From the time of his release until December 24, 2019, the father took care of three of his children (E, F and X who had been brought back) in Town A. During that time, the father was still consuming alcohol. He confirmed drinking 3 vodka per day. [ 15 ] On November 24 2019, the father and the maternal uncle got into a fight while they were intoxicated.

E and X were home and witnessed the incident. [ 16 ] On December 3, 2019, the father did not show up for a meeting in school for F and for a meeting with Dr. Larose, psychiatrist. He reported being too busy with work. It was then agreed that the Youth Protection worker would pick up the child. The father refused to let the worker enter the house. He was aggressive towards her and asked her to leave. [ 17 ] On December 6, 2019, the police was called as support to the Youth Protection worker. The father was refusing for X to be brought to the clinic and the nurses were worried about the baby’s health.

X had dried blood under his nose. E accompanied his brother and the Youth Protection worker to the clinic. Following examination, it was determined that the baby had a fever, a severe otitis, sinus congestion and infected wounds on his knees. The baby appeared neglected and needed antibiotics. Following the intervention, it was agreed that the father would present himself with the child at the clinic the following day.

He did not respect this appointment. [ 18 ] On December 24, 2019, the Youth Protection worker received information to the effect that the father had left for Town B on December 22, 2019 with the three children, without notifying the Youth Protection worker. [ 19 ] On December 30, 2019, the Director received information about the family’s location. It was also reported that the parents were using cocaine on as daily basis, cannabis and alcohol on a regular basis.

Immediate protective measures were invoked and the child was placed in foster care. [ 20 ] On December 31, 2019, the mother spoke with the Youth Protection worker. She confirmed that since she had been in Town B, she had resided in a hotel and with her mother’s spouse. This was a temporary arrangement. Later that night, she spoke to the Youth Protection worker in Town A. She appeared intoxicated by alcohol. [ 21 ] On January 6, 2020, the parents got into a physical altercation while intoxicated.

They can no longer reside with the maternal grandmother’s spouse. [ 22 ] On January 10, 2020, the Tribunal ordered the provisional compulsory foster care of the child in a foster family. [ 23 ] During the January 10, 2020 hearing, the mother mentioned that her plan was to continue residing in Town B. [ 24 ] The parents still struggle with alcohol consumption. They have not taken any steps to gain and maintain sobriety. Incident of conjugal violence still occur.

The parents have not collaborated with the Director and have not been transparent with information regarding their family’s situation. [ 25 ] It is only today, that the mother mentioned to the Youth Protection worker and the Tribunal her plan to return living in Town A. [ 26 ] X has now been entrusted to a foster family in Town A. He adjusted well to this new environment. [ 27 ] At this point, the child’s reintegration to the mother’s care would be quite premature. The Tribunal is not reassured and does not consider that her plan will not fluctuate in the future.

She needs to stabilize her own residential situation. She needs to obtain help from Social Services. She needs to collaborate fully with the Director and be completely transparent. THEREFORE AND FOR THESE REASONS, THE COURT: [ 28 ] GRANTS the application for protection; [ 29 ] DECLARES that the security or the development of the child compromised due to neglect in terms of health needs and neglect regarding supervision (

section 38 b) 1 ii and 38 b) 1 iii of the Youth Protection Act ); [ 30 ] ORDERS that the child be entrusted to a foster family; [ 31 ] ORDERS that the child and the parents take an active

part in the application of the ordered measures and fully collaborate with the Director of Youth Protection; [ 32 ] ORDERS that the child and the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 33 ] ORDERS that the parents remain sober in the child’s presence;

[ 34 ] ORDERS that the parents refrain from any kind of violence in the child’s presence; [ 35 ] RECOMMENDS that the parents seek help through the Social Services or another resource deemed appropriate concerning their substances abuse, personal and marital issues; [ 36 ] AUTHORIZES the Director of Youth Protection to access the information regarding the parents’ presence at appointments with professionals and their level of involvement with the services provided; [ 37 ] ORDERS that contacts between the child and the parents be determined by the Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 38 ] ORDERS that the child receive specific health care and health services that his situation require; [ 39 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the family; [ 40 ] THE WHOLE until January 31, 2021; [ 41 ] ENTRUSTS the situation of X to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out; [ 42 ] ORDERS the execution of the present order by any peace officer. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on February 25, 2020 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Kelly Ann Sinnett Counsel for the child Mtre Angele Tommasel Counsel for the mother Mtre Nada Boumeftah Counsel for the father Date of hearing: January 28, 2020