2020 QCCQ 8218, 2020 QCCQ 8218

Protection de la jeunesse — 202129 2020 QCCQ 8218 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] “Youth Division” No: 635-41- 001008-207 DATE: January 31, 2020 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2018 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 January 31, 2020. [ 2 ] The Director of Youth Protection (the Director) alleges that the child’s security or development is endangered as there is a situation of neglect regarding the child’s supervision and her physical needs.

The Director also alleges that a situation of serious risk of neglect exists. [ 3 ] The Director submits that the mother also failed to meet the child’s basic needs with regards to her health. [ 4 ] Today, the Director recommends that the child remain entrusted to a foster family and that diverse support measures be ordered until January 31, 2021. [ 5 ] The mother would like to have the child with her, but understands the recommended measures and agrees with them. [ 6 ] The child’s attorney is in agreement with the Director’s plan and comments that it is positive that the child is placed with the extended family.

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 and the child’s biological father, Mr. B have separated in May 2019. Mr. B now lives with his parents, Mrs. C and Mr. D. Mr. B would like to reunite with the mother but she is unsure of her intentions regarding this relationship. [ 9 ] On February 9, 2019, the mother found Mr. B in bed with another woman. She punched the woman, who was later found dead in her bed. The mother was arrested in relation with the murder.

According to the Youth Protection worker, the police investigation is completed and no charge will be laid against the mother.

[ 10 ] On July 24, 2019, Mr. B expressed suicidal ideations while he was intoxicated by alcohol. [ 11 ] On August 21, 2019, Mr. B uttered threats to someone while he was intoxicated. [ 12 ] On October 24, 2019, Mr. B was arrested for mischief and failure to comply with conditions of undertaking. Mr. B was intoxicated and threw objects around in the house of his parents. [ 13 ] The mother is failing to meet the child’s basic physical needs with respect to hygiene and lodging. She reported to the Youth Protection worker that she cannot always change the child’s diaper as she has no money to buy diapers.

She does not always bathe the child as she does not have soap. [ 14 ] The mother did not have a stable address for a period of time and moved from residence to residence with the child and the child’s sibling. At one point, they were residing with Mr. E, who sexually abused a minor in the past. The mother mentioned to the worker not being worried about this information. [ 15 ] The mother is exhibiting severe limitations with regards to her parental skills and her knowledge of child development. She has difficulties adequately supervising the child and the child’s sibling. There is no clear routine for the child.

In October 2019, the mother refused to participate in the A Program in Town B. The mother was not motivated to learn and develop her parental abilities. [ 16 ] The Youth Protection worker is of the opinion that the mother presents with undiagnosed mental health issues. The mother reported to the worker that she believed she was “slower” and understood less than other people. She also recognized being impulsive.

It will be important for the mother, and for the organizations that wish to support her, to have a clear picture of the mother’s mental health situation. [ 17 ] The mother reports drinking alcohol rarely and not to the point of intoxication. [ 18 ] The mother is failing to meet the child’s physical health needs. The child has an umbilical hernia.

The mother has not provided the child with her prescribed medication and she missed a dozen medical appointments for the child. [ 19 ] On November 19, 2019, the child was seen at the clinic as her ears were running, she had an important sinuses congestion, an otitis, dermatitis and impetigo. Following this examination the nurse gave a nasal spray, a cream and drops to the mother. The mother later reported that she lost the spray, cream and drops and did not comply with the prescribed treatment.

The mother has not followed up the child’s iron deficiency. [ 20 ] The child appears under-stimulated. [ 21 ] On December 20, 2019, immediate protective measures were invoked and the child was entrusted to the foster family of Mrs. C and Mr. D, the parents of the child’s biological father. [ 22 ] On December 23, 2019, the mother signed a provisional agreement for placement. The mother reported being relieved about this situation. [ 23 ] On December 27, 2019, the child was transferred to the foster family of her great-grandmother, Mrs. F. This transfer was necessary as it was becoming too difficult for Mrs.

C and Mr. D to care for the two children. [ 24 ] At this point, the mother resides with Mrs. F, her own grandmother. She resides there with the Director’s approval, even if Mrs. F is a recognized foster family. [ 25 ] It was agreed that the mother could visit at any time in the child’s foster family, as long as she was sober and not violent. [ 26 ] The Director has been clear with the mother as to the steps that need to happen for the child to be returned to her care.

She needs to have a stable place to live, to have the financial means to respond to the child’s needs and to educate herself regarding the child’s needs and development. [ 27 ] The mother mobilization appears minimal. She has little solution to stabilize her own situation. She recently found employment. [ 28 ] At this point, the child is in good health. Visits are organized for the child and her sibling to see each other. They should soon attend either a stimulation group or daycare.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 29 ] GRANTS the application for protection; [ 30 ] DECLARES that the security or the development of the child is endangered (

section 38 b) 1 i, 38 b) 1 ii, 38 b) 1 iii and 38 b) 2 of the Youth Protection Act ); [ 31 ] ORDERS that the child be entrusted to a foster family; [ 32 ] TAKES JUDICIAL NOTICE that the Director has chosen the foster family of Mrs. C and Mr. D and the foster family of Mrs. F; [ 33 ] TAKES JUDICIAL NOTICE that the Director agrees for the mother reside presently with Mrs. F with the Director of Youth Protection’s agreement;

[ 34 ] ORDERS that the contacts between the child and the mother be determined by the Director of Youth Protection as for the modalities, the frequency and the degree of supervision; [ 35 ] RECOMMENDS that those contacts be encouraged; [ 36 ] ORDERS that the mother report periodically to the Director on the measures she applies in her own regard or in her child’s regard to put an end to the situation of compromission; [ 37 ] ORDERS that the mother take an active

part in the application of any of the measures ordered; [ 38 ] RECOMMENDS that the mother seek help through the Social Services for her Personal issues and parental skills; [ 39 ] TAKES JUDICIAL NOTICE of the mother’s agreement to undergo a psychological assessment, and consequently, ORDERS that the mother participate in a psychological assessment; [ 40 ] ORDERS that the child receive specific health care and health services and that she participate in a regular medical follow-up; [ 41 ] ORDERS that the child attend a stimulation group or daycare as soon as possible; [ 42 ] AUTHORIZES the Director of Youth Protection to access the information regarding the mother’s presence at appointments with professionals and her level of involvement with the services provided; [ 43 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 44 ] THE WHOLE until January 31, 2021; [ 45 ] 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. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on February 13, 2020 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Kelly Ann Sinnett Counsel for the child Mtre Nada Boumeftah Counsel for the mother Date of hearing: January 31, 2020