2022 QCCQ 14352, 2022 QCCQ 14352

Protection de la jeunesse — 229053 2022 QCCQ 14352 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002598-214 DATE: June 6, 2022 (written judgment rendered on June 13, 2022) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2020 [SOCIAL WORKER 1] and [SOCIAL WORKER 2], Youth protection workers, duly authorized by the Director of Youth Protection A Applicants and A Mother ______________________________________________________________________ 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 prolong a decision rendered on March 23, 2021, regarding the child X, born on [...], 2020.

At that date the Court declared the security and development endangered, entrusted the child to a foster family and ordered that he be gradually reintegrated under the mother’s care as soon as the situation allows for it, until February 10, 2022. [ 2 ] The DYP submits that the situation does not allow to return the child to his mother and that the placement has to be prolonged, namely to Ms. B, until March 30, 2023. Position of the Parties [ 3 ] The mother is absent, but represented by Me Justine Bergeron.

She recognizes that the security and development of her child are still endangered and she agrees with the measures. [ 4 ] The child is 21 months old. He is absent, but represented by Me Angèle Tommasel. After hearing the evidence and considering the mother’s position, Me Tommasel submits that the situation of the child continue to be endangered and that the measures are in his best interest. History of the Situation [ 5 ] On February 15, 2021 , the Court entrusted the child to a foster family under provisional measures. [ 6 ] On March 23, 2021 , the Court was seized with the situation of the child.

He was 6 months old. The mother regularly left the child unattended and she is often nowhere to be found. She did not provide for the milk nor the diapers. She had no stable place to stay. The grandparents were not able to take care of the child, as they already take care of the siblings. The Court declared the security and development of the child endangered [1] and entrusted him to a foster family with a gradual reintegration under the mother’s care as soon as the situation allows it, the whole until February 10, 2022. [ 7 ] On February 9, 2022 , the placement was maintained under provisional measures.

Facts [ 8 ] Since the beginning of his placement, the child was transferred to different foster families and different communities. His first placement was at his maternal grandmother’s place. [ 9 ] Until February 2021 (date of the first provisional measures), the child remained with his maternal grandmother. She renounced to continue fostering him because she was very affected by the mother’s mental health issues, her suicidal ideation and her violent behaviours while intoxicated, which required police interventions.

Also, it had been noted that the maternal grandmother did not take care properly of the medical needs of the child.

[ 10 ] The child was transferred to Ms. C, to Ms. D and finally to Ms. E who takes care of the specialized foster family in Town A. [ 11 ] On March 6, 2022, the child came back in Town B and was entrusted to his paternal grandmother (knowing that the father is undeclared), Ms. B. Ms. B had traditionally adopted the biological sister of the child. [ 12 ] The child is with Ms. B since that time and he is adapting very well. Ms. B is known to be very reliable and very protective. [ 13 ] The child has medical needs (chronic ear infections, iron deficiency and suspected asthma) and he is waiting for surgery.

He has to take antibiotics regularly and Ms. B gives him his medication carefully and attends all the medical appointments. She is proactive to ask for medical help. [ 14 ] Since the last decision, the mother had been very difficult to be reached. She recognized that and signed a complete consent for Ms. B to take care of all the child’s medical needs. [ 15 ] When the child was outside of the community, different contacts were organized, but those contacts did not happen for different reasons (Covid-19 restrictions, child’s sickness).

Although the child is in the same community as the mother, she did not ask the DYP to organize contacts with him, but the DYP knows that she exercise some contacts with him. The foster mother is fully capable of supervising and to organize such contacts. [ 16 ] The mother mentions not being able to take care of the child and that the best for him would be to remain with Ms. B. Analysis [ 17 ] As recognized by the mother, the situation of the child continues to be endangered.

She admits not being able to take care of him on a daily basis due to her personal issues. [ 18 ] The child is currently foster by his paternal grandmother. He is very well taken care, and all his needs are fulfilled. [ 19 ] The measures are in his best interest. FOR THOSE REASONS, THE COURT: [ 20 ] GRANTS the application; [ 21 ] DECLARES that the security and development of the child X, born on [...], 2020, are still endangered; [ 22 ] ORDERS that the child be entrusted to a foster family, chosen by the institution operating a child and youth protection centre, namely Ms.

B; [ 23 ] ORDERS that the mother take an active

part in the application of the measures ordered by the Court; [ 24 ] ORDERS that the mother report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 25 ] ORDERS that the modalities, the frequency and the degree of supervision of the contacts between the child and the mother be determined by the Director of Youth Protection; [ 26 ] ORDERS that the child receive the specific health care and health services required by his situation; [ 27 ] withdrawn the exercise of certain attributes of parental authority from the mother and GRANTS them to the Director of Youth Protection, namely regarding health, school, extracurricular activities, travelling and passport; [ 28 ] ORDERS that a person working for an institution or a body, provide aid, counselling and assistance to the child and the family; [ 29 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 30 ] THE WHOLE until March 31, 2023. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Adèle Cyr, attorney for the Director of Youth Protection Me Angèle Tommasel, attorney for the child Me Justine Bergeron, attorney for the mother Date of hearing: June 6, 2022