2023 QCCQ 8496, 2023 QCCQ 8496

Protection de la jeunesse — 232701 2023 QCCQ 8496 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000588-204 DATE : APRIL 5 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2020 Child and [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A, Applicant and A , Mother and B , Father JUDGMENT

Article 95 al. 1 - Youth Protection Act [ 1 ] The Director of Youth Protection (Director) submits a modified application for a review of the decision rendered on January 12 th , 2022, entrusting the child to the paternal grandparents for a period of nine months along with supporting measures including aid, counselling and assistance for a period of nine months. [ 2 ] The Director asks the Court to order that the child be entrusted to the maternal grandmother for a period of six months along with supporting measures including aid, counselling and assistance to the child and the child’s family for a period of twelve months.

[ 3 ] The mother admits some facts. She denies others. Even though she denies that at the present time she is not able to resume care of the child, she consents to the measures. She wants to go for treatment first and then she will be able to resume care of the child. [ 4 ] The father admits some facts. He denies others. He disagrees with the recommendations.

He asks the Court to order that the child remain entrusted to his mother. [ 5 ] After having heard the whole evidence , M e Massé on behalf of the child submits that the recommendations are in the interest of the child. [ 6 ] The evidence reveals the following facts. [ 7 ] Since the last judgment on January 12 th , 2022, the child remained in the home of the paternal grandparents. The child had to be removed from the paternal grandmother’s home and she is with her maternal grandmother since a little bit before Christmas time.

The reason why the Director had to remove the child from the paternal grandmother is that there were a lot of conflicts there . The worker said, « there is always conflicts to the point that police officer had to be called at the home of the grandmother ». [ 8 ] The child needs a safe and healthy environment. All the conflicts have a negative impact on the child. [ 9 ] The main goal of this decision is taking the conflicts out of the picture. [ 10 ] It also appears from the evidence that the paternal grandmother interferes with the planning of the visits. She does not collaborate well with the workers.

She interferes and discusses the Director’s decision to the point that Youth Protection has to request assistance from the police. The grandmother also refuses to give the health card and birth certificate of the child to the workers. [ 11 ] The paternal grandmother also accused the maternal grandparents of being intoxicated when she picked up the child for a visit.

This has been denied by the maternal grandparents and there was no sign of intoxication on their part. [ 12 ] The worker clearly explained that Youth Protection feels that the child should not be in an environment where she is exposed to adult conflicts. [ 13 ] Since the child was removed from the paternal grandmother she goes to daycare everyday, she is doing well. The worker expressed that the maternal grandmother expressed she adores having her granddaughter in her home, the mother visits her child often and the child is excited to see her mother.

Sometimes she cries for her mother when she leaves. [ 14 ] The maternal grandmother was assessed for foster home and will probably be approved in a very near future. [ 15 ] The worker also testified that the paternal grandmother discussed the decision of the worker with friends who are not parties in the present situation. [ 16 ] At the present time it is not in the interest of the child to have contact with the paternal grandmother. There is no evidence that the child has a strong bond with the paternal grandmother or that she misses her grandmother.

Before ordering contacts between the child and the paternal grandmother the Court must be convinced that these contacts will be beneficial for the child. The Court did not receive such evidence. [ 17 ] The worker testified that the grandmother must learn how to speak and communicate with other persons. She needs support and she must acknowledge her difficulties and learn to collaborate with Youth Protection. [ 18 ] Given the whole evidence, the position of the mother and the father, the Court concludes that the recommendations are in the interest of the child.

THEREFORE, AND FOR THESE REASONS, THE COURT: [ 19 ] GRANTS the application; [ 20 ] REVISES the decision rendered on January 12 th , 2022; [ 21 ] DECLARES that the security and development of X, born on [...], 2020 are still endangered under

section 38 ( b ) (1) iii., ( b ) (2) and (

c) of the Youth Protection Act .; [ 22 ] ORDERS that the child be entrusted to the maternal grandmother for a period of 6 months and if the maternal grandmother becomes a foster home, ENTRUSTS the child to the foster home of the maternal grandmother; [ 23 ] ORDERS that the frequency and modality of contacts between the child and the father and the child and the mother be authorized by the Director of Youth Protection including supervision if deemed necessary; [ 24 ] ORDERS the parents to seek counseling and treatment program for drugs and alcohol addictions; [ 25 ] ORDERS the parents to refrain from alcohol or drugs when the child is present; [ 26 ] ORDERS the parents to ensure that the child is not exposed to any form of violence; [ 27 ] ORDERS that aid, counselling and assistance be provided to the child and the child’s family for a period of twelve months ;

[ 28 ] The whole, until April 5 th , 2024. [ 29 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present decision. ___________________________________ LUCIE GODIN, J.C.Q. M e Adelia Ferreira Attorney for the Director of Youth Protection M e Marie-Josée Ayoub Attorney for the mother Father present Not represented M e Yan Massé Advocate for the child Date of hearing : April 5 th , 2023 Last exhibits: D-13, D-14