2019 QCCQ 14848, 2019 QCCQ 14848

Protection de la jeunesse — 1911157 2019 QCCQ 14848 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 640-41-002354-196 DATE: September 10, 2019 (written judgment rendered on January 6, 2020) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on […], 2010 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A, district A (Quebec) [...] Applicant and A, residing and domiciled at […] in Town A, district A (Quebec) [...] Mother and B, residing and domiciled at […] in Town A, district A ( Quebec) [...] Father ______________________________________________________________________ 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to declare that the security and development of X, born on [...], 2010, are endangered under

section 38 (b) (1) iii., (

c) and (e) (2) [1] of the Youth Protection Act . [ 2 ] The DYP asks that the child be entrusted to a foster family. Position of the parties [ 3 ] The mother is present and represented by Me Tommasel. She recognizes that the security and development of her child are endangered and she disagrees with the measures. She asks that the child be entrusted to her. [ 4 ] The father came to the DYP offices before the hearing and said that he did not wish to be involved.

Considering that he was duly served, considering his position, and considering the interest of the child, the Court proceeded in his absence. [ 5 ] The child is present and represented by Me Sinnett. He asks to be entrusted to his mother.

Facts [ 6 ] The parents have been separated for a few years and, considering the absence of the father, the mother is the child’s main caregiver. [ 7 ] The mother and her boyfriend have alcohol and conjugal violence issues, and X is a witness to this violence and consumption. [ 8 ] In June 2019, the child disclosed being victim of physical abuse at the hand of his mother’s boyfriend. Following these revelations, the child was placed under his biological mother’s care. [ 9 ] At that time, the mother was in Town B for her job and was unreachable. When she came back, she met with the DYP worker.

She was intoxicated but collaborative. She explained that on June 9, she fought with her boyfriend and she decided to grab the child to protect him, because he was beaten. [ 10 ] The mother did not seek help for her personal issues. [ 11 ] The mother testified that she had decided to put an end to her relationship with Mr. C, and she let him know when he was in Town B. He did not come back in Town A because when he was still in Town B, he was assaulted while he was intoxicated. He was then medevaced to Town C and hospitalized as he was in a coma.

She totally ignores him and does not want to know how he is, despite the fact that he is still in a coma.

[ 12 ] Essentially, the mother wants her son back at home and she does not want for C to be back with her. She doesn’t know where he could go to live when he will be discharged from the hospital because his family is not reliable, but she insists that she won’t accept him anymore. She has her own house and she works, therefore she is able to provide for herself and her son on her own. [ 13 ] She admits to being aware of her alcohol issues and knows that she needs to address them. She once completed the A treatment and stayed sober for many years afterwards, but unfortunately she relapsed.

She does not remember when she underwent therapy, as she had a brain injury after being hurt by a car and lost her memory, but she knows that it was many years ago. [ 14 ] At the present time, she plans to request services from social services. She hesitates to go back to therapy because she is scared that she won’t be able to pay her rent and be evicted.

She works for the A school board, but because she is not unionized, she can’t benefit from a sick leave to attend a treatment centre. [ 15 ] She expresses her desire to collaborate with the DYP and said that she appreciates the help she receives. [ 16 ] The DYP worker has concerns as to the mother’s situation and regarding her capacity to deny Mr. C access to her house.

He also wants to see that the mother is able to maintain her commitment to attend social services before thinking about a reintegration. [ 17 ] He also mentions that the placement is not easy because the mother makes it difficult, and it was necessary to transfer X to another foster family. The mother misses her son a lot and because of it, she does not respect the calendar of visits and tries to see him much more. [ 18 ] The DYP worker considers that the mother has good parental capabilities when she is sober. He wants to start with supervised visits before considering a reintegration.

For now, his main concern is the presence of C in the house. Analysis [ 19 ] The situation of the child is obviously in danger because of his mother’s previous relationship and her alcohol consumption issues, which puts the child in a situation of risk of neglect. [ 20 ] Today the mother’s situation is much different.

She has put an end to her relationship and even if there is always a risk that she resumes her relation with this abusive man, the evidence is to the fact that he is currently hospitalized in Town C and in a coma. [ 21 ] He is not a danger for the mother and the child at the present time. [ 22 ] The mother is aware of her issues, which she addressed in the past with positive results for few years.

She appears very concerned by her financial situation and the stability she could offer her child. [ 23 ] She wants help, she appreciates the help she receives, and she has the right to obtain the appropriate help to be able to continue to take care of her child while she continues to work. The intensity of services should be adapted to her needs. [ 24 ] As for now, the Court has no evidence that the child would be in danger if he was maintained with his mother in the absence of Mr.

C. [ 25 ] Moreover, the mother and the child miss each other and there is no reason to create instability by entrusting him in foster families with numerous transfers. FOR THOSE REASONS, THE COURT: [ 26 ] GRANTS the application; [ 27 ] DECLARES that the security and development of the child X, born on [...], 2010, are in danger according to sections 38 (b) (1) iii., (

c) and (e) (2) of the Youth Protection Act ; [ 28 ] ENTRUSTS the child under his mother’s care; [ 29 ] ORDERS that the mother take an active

part in the application of any of the measures ordered by the Court; [ 30 ] ORDERS the mother to collaborate actively with the Director of Youth Protection; [ 31 ] ORDERS the mother to report in person, at regular intervals, to the Director of Youth Protection to inform her of her current situation; [ 32 ] ORDERS that the mother remains sober and without any violent behavioural in the presence of the child; [ 33 ] ORDERS that the child will not be in contact with Mr.

C except under the modalities set out by the Director of Youth Protection; [ 34 ] Considering her consent , ORDERS that the mother seek help for her alcohol and personal issues through the Social Services with a meeting once every two weeks. [ 35 ] ORDERS that the contacts between the child and the father be determined by the Director of Youth Protection as for the modalities, the frequency and degree of supervision. [ 36 ] ORDERS that a person working for an institution or body, provide aid, counselling and assistance to the child and his family;

[ 37 ] AUTHORIZES unannounced visits from a Youth Protection worker at the mother’s place for a maximum of twice a week; [ 38 ] ENTRUSTS the situation of the child X, to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out; [ 39 ] THE WHOLE until the end of September 2020. __________________________________ PEGGY WAROLIN , J.C.Q. Me Robert-André Adam, attorney for the Director of Youth Protection Me Kelly Ann Sinnet, attorney for the child Me Angèle Tommasel, attorney for the mother Date of hearing: September 10, 2019