2022 QCCQ 14358, 2022 QCCQ 14358

Protection de la jeunesse — 229057 2022 QCCQ 14358 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002646-211 DATE: August 12, 2022 (written judgment rendered on September 28, 2022) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2021 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A Applicant and B Mother and C, deceased Interested party ______________________________________________________________________ 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 9.2, 9.3 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 [...], 2021, are endangered under paragraph (b) (2) of

section 38 [1] of the Youth Protection Act. [ 2 ] The DYP asks that the child be entrusted to a foster family, until May 31, 2022. Position of the Parties [ 3 ] The hearing took place on many days. The mother was present most of the time and represented by Me Angèle Tommasel. She recognizes that the security and development of her children are endangered, but she disagrees with the measures. [ 4 ] The father was represented by Me Geneviève Lucas and then by Me Michaël Pereira. The father passed away before the end of the Court process. He had filed an application for encroachment of rights.

He deceased before this application could be heard. [ 5 ] The child is absent, but represented by Me Cassandra Neptune. On her client’s behalf, Me Neptune submits to the Court that the security and development should be declared endangered for the alleged grounds and that the recommended measures are in their best interest. [ 6 ] X has 3 siblings, Y (5 ½ y), Z (3

y) and A (4 y). The Court is also seized with their situation. Facts [ 7 ] The situation of the family is known since a few years. The DYP received a report in August 2019, for the 3 oldest children. The parents have alcohol consumption and conjugal violence issues. The 3 older children were entrusted to foster family for such reasons.

The mother’s collaboration was very good at the beginning, but it decreases to the point that she reduces a lot her contacts with them. [ 8 ] On September 24, 2020, the mother was the victim of conjugal violence from the father and during all her pregnancy she was seen a few times intoxicated by alcohol and drugs. [ 9 ] A baby alert was made at one month of pregnancy because the mother said that she would continue to drink during the pregnancy. [ 10 ] Since January 2021, the mother was in Town A. She was pregnant and she needed a close follow-up due to the health issues of her unborn baby.

She gave birth to X on [...], 2021, and the baby remained hospitalized, so the mother stayed at Town B. [ 11 ] The baby had gastroschisis and needed a surgery which had been done on March 30. After being in intensive care, the child was

discharged from the hospital on April 26, 2021. He still needs different follow-ups such as bilirubin tests, neonatal teeth, hearing tests, nutrition and immunology. [ 12 ] The mother lives at the maternal grandmother’s place with 2 of her uncle. One person living there is known as sexual abuser. [ 13 ] The mother spoke about going to [Centre A] with the child but her intention fluctuate a lot during the evaluation process. The DYP explain to her that the objective was to maintain the child under her care, but for that she has to live in a safe place where she and the child could be supervised.

Different options were offered to the mother before she could finally entrust Portage. The mother refused those options. [ 14 ] As the mother refused the suggestion to entrust a shelter with her baby, the DYP took an immediate protective measures and entrusted the child to a foster family on April 26, 2021. [ 15 ] A supervised visit was organized on May 5, 2021, which has been very positive. Since that time, the mother’s collaboration improved. [ 16 ] On May 6, 2021, the Court rendered provisional measures and entrusted the child to a foster family.

The mother asserts during that hearing that she was no longer in a relationship with the father since at least 9 months. [ 17 ] On June 11, 2021, the Court declared that the situation of the children were endangered. [ 18 ] At the continuation of the hearing on August 9, 2022, the mother expressed that the situation of endangerment declared by the Court does not exist anymore. She testifies that, since the father passed away, her personal situation improved.

She still has the desire to attend [Centre A], but no measures had been taken in that sense. [ 19 ] She is also conscious that even if she attends [Centre A], her children will not be allowed to attend with her because most of them are older than 5 years old and they have to go to school.

She has no plan to suggest during the time she would be at [Centre A] with X. [ 20 ] The mother considers being immediately in position to take care of her children even if she did not address her alcohol consumption issues and she did not maintain regular contacts with them. [ 21 ] The mother recognized that she still displays alcohol consumption, but she told the Court that she is able to stop by herself as soon as the children are back under her care. [ 22 ] The DYP had planned a calendar of visits between the children and the mother, but the mother did not take advantage of those visits.

The last one took place in Town B for the father’s funerals. This visit required supervision and intervention from the DYP worker because the mother did not give a lot of attention to her children and she bought alcohol during her stay. [ 23 ] Ms. D, the foster mother of the 3 oldest siblings, testifies that she had expressed her desire to foster X. She considers that it would be in his best interest to grow up with his siblings. She never received any answer from the DYP, but she maintains her offer. [ 24 ] X is foster by the E’ family living in the region of Town A.

He is there since he was discharged from the hospital. The DYP looked for an Inuit foster family, but the research came back negative. [ 25 ] During the week of August 8, 2022, the DYP worker had meeting with the mother and with Ms. F, the mother’s aunt. This lady had been considered before as potential foster family, but she had declined before the placement. Now, she says being ready to foster X. The DYP is open to proceed to such evaluation because Ms.

F demonstrated being very motivated to have the child. [ 26 ] Also, the DYP is still open that the mother attend [Program A] with X, but despite the mother’s perception, she is not on the waiting list to integrate such program. She still has steps to complete. Analysis [ 27 ] The situation of the child had been declared endangered due to the parents’ way of life. [ 28 ] The mother testifies, as she did in the past, that she intends to go to [Centre A].

The Court always encouraged her to go, but unfortunately, as of today, she is still not registered and her alcohol consumption issue is well present. [ 29 ] The maximum period of placement has been reached in X’s situation, but the DYP is convinced that the mother could mobilize herself. X is at age to be authorized to go to [Centre A] with his mother and the DYP would like to give such opportunity to the mother. [ 30 ] The Court shares this point of view and will authorize a reintegration of the child with the mother if she is able to change her way of life.

FOR THOSE REASONS, THE COURT: [ 31 ] GRANTS the application; [ 32 ] DECLARES that the security and development of the child X, born on [...], 2021, are endangered under paragraph (b) (2) of

section 38 of the Youth Protection Act ; [ 33 ] ORDERS that the child be entrusted to a foster family, chosen by the institution operating a child and youth protection centre; [ 34 ] ORDERS that the child attend a childcare establishment;

[ 35 ] ORDERS that the child X be entrusted under the mother’s care if she entrusts the [Program A], the whole according to the rule of the program and as long as she remains at [Centre A]; [ 36 ] ORDERS that the child X be entrusted back to a foster family if the mother quit the program before the end; [ 37 ] ORDERS that the child X remain under the mother’s care if she completes the program before the end of this judicial measures; [ 38 ] TAKES judicial notice that the Director of Youth Protection agrees to assess Ms.

F as a potential foster family; [ 39 ] ORDERS that the mother report in person at regular intervals to the Director of Youth Protection to inform her of the current situation; [ 40 ] ORDERS that the mother take an active

part in the application of the measures ordered by the Court; [ 41 ] ORDERS that the modalities, frequency and degree of supervision of the contacts between the child and the mother be determined by the Director of Youth Protection; [ 42 ] ORDERS that the mother remain sober and without any violent behaviour in the presence of the child; [ 43 ] RECOMMENDS that the mother seek help through the Social Services concerning her alcohol and personal issues; [ 44 ] ORDERS that a person working for an institution or a body, provide aid, counselling and assistance to the child and the family; [ 45 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 46 ] THE WHOLE until May 31, 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 Date of hearing: August 12, 2022