2022 QCCQ 14345, 2022 QCCQ 14345

Protection de la jeunesse — 229042 2022 QCCQ 14345 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002572-201 DATE: June 9, 2022 (written judgment rendered on June 23, 2022) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2018 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A Applicant and A Mother and B Father ______________________________________________________________________ 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 review a decision rendered on January 15, 2021, regarding the child X, born on [...], 2018. At that date the Court declared the security and development endangered and entrusted the child to Ms.

C who is in the process of becoming a foster family, with a gradual reintegration under the care of the parents when the situation allows it, until January 31, 2022. [ 2 ] The DYP submits that the situation does not allow to return the child to his parents, asks that the child be entrusted to a foster family and be gradually reintegrated under the mother’s care as soon as the situation allows it, until July 31, 2022. Position of the Parties [ 3 ] The mother is present and represented by Me Michaël Pereira.

She recognizes that the security and development of her child are still endangered and she agrees with the measures. [ 4 ] The father’s whereabouts are unknown. Despite many attempts, the DYP was unable to locate the father to serve him with the application. Even his mother who fosters the child ignores where he is. The Court dispenses the DYP from serving the father and proceed in his absence. [ 5 ] The child is 4 years old. He is absent, but represented by Me Cassandra Neptune.

After hearing the evidence, Me Neptune submits that the situation of the child continues to be endangered and that the measures suggested are in his best interest. [ 6 ] The child has a sibling, Y (5). The Court is also seized with her situation. History of the Situation [ 7 ] On December 4, 2020 , the Court entrusted the children to their maternal grandmother, Ms. C, under provisional measures. [ 8 ] On January 15, 2021 , the situation of the children was submitted to the Court. The mother had signed voluntary measures in August 2020, and the children remained with her.

In November, the mother had been physically abusive toward her children. She was arrested and detained before being released with condition not to be in contact with her children. The Court declared that the security and development of the children were endangered [1] and entrusted them to their paternal grandmother, Ms. C. The Court authorized a reintegration if the situation allows it, the whole until January 31, 2022. [ 9 ] On May 20, 2021 , under provisional measures, the Court entrusted the children to a foster family with a reintegration if possible.

[ 10 ] The revision was supposed to be heard in July 2021, but it had been postponed until June 2022. During that time, the children remained entrusted to a foster family. Facts [ 11 ] After the last decision, the children remained entrusted to the maternal grandmother until May 11, 2021. [ 12 ] During that period the DYP received a report of physical abuse on X. The event happened while the father had the responsibility of the children because the grandmother had to be outside of the village.

That day, the grandmother also informed the DYP that she was tired of taking care of the children and asked that another foster family be found. [ 13 ] The children were entrusted to their paternal aunt, Ms. D and they adapted well to their new environment. Ms. D is living in Town A which made the children to change village. [ 14 ] The father had completed a therapy for his addiction, but he unfortunately relapses. He did not help his mother nor his sister to take care of the children. [ 15 ] On her side, the mother was able to improve her situation.

She feels very concerns by her children’s wellbeing since she had been made aware of the allegation of physical abuse from the father’s part. Since then, she comes every week at the DYP office of Town B to have news about them. Even if she was able to make some changes, her situation is not fully resolved. She is still struggling with her addiction issues. [ 16 ] After a few months, the paternal aunt expresses being overwhelmed by taking care of the children because of their aggressive behaviours toward each other. The paternal grandmother was contacted, and she agreed to have them back.

Since they are back with her, nothing wrong was reported. The DYP worker confirms that the grandmother is comfortable to continue to take care of them without any risk of giving up. [ 17 ] During all those months, the mother continued to generally improve her situation. She did not always respect the calendar of contacts, but the contacts were positive. She works on her issues, she collaborates well and she is much more available. [ 18 ] Considering such improvements, the DYP is looking for moving the children in Town B in a view of a potential reintegration.

The maternal grandparents are ready to have the children under their care waiting for this reintegration to be completed. They also had their issues, but they were also able to improve and they want to do everything they can to help the mother to resume the care of her children. The mother is participating actively to her follow-up with the Social Services, and the police did not have to intervene with her for a few months. [ 19 ] For now, the mother is living with her new spouse and she spends a lot of time at her parent’s place. She helps them take care of her older children who are entrusted to them.

She plans to do the same thing when Y and X will be there. The mother already registered Y to school in Town B for the next school year. Analysis [ 20 ] The situation of the children continue to be endangered for the same reasons as before, but the improvements made by the mother has to be underlined. [ 21 ] She was able to take the appropriate steps to address her personal issues and to improve enough for the DYP to consider a reintegration process. [ 22 ] That is very positive and the mother has to be supported in that process to make sure that it will be a success for everyone.

The children suffered from a lot of instability and it will be important to encourage and to support her to avoid any failure. [ 23 ] To do so, the intensity of services has to be maintained around this family.

FOR THOSE REASONS, THE COURT: [ 24 ] GRANTS the application; [ 25 ] DECLARES that the security and development of the child X, born on [...], 2018, are still endangered; [ 26 ] ORDERS that the child be entrusted to a foster family, chosen by the institution operating a child and youth protection centre; [ 27 ] TAKES JUDICIAL NOTICE that the children are currently entrusted to their paternal grandmother in Town C and that the Director of Youth Protection plan to transfer them to their maternal grandparents in Town B; [ 28 ] ORDERS that the child be gradually reintegrated under the mother’s care as soon as the situation allows it; [ 29 ] ORDERS that the parents take an active

part in the application of the measures ordered by the Court; [ 30 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform her of the current situation; [ 31 ] RECOMMENDS that the parents seek help through the Social Services concerning their alcohol, drugs and personal issues; [ 32 ] ORDERS that the modalities, the frequency and the degree of supervision of the contacts between the child and the parents be determined by the Director of Youth Protection;

[ 33 ] ORDERS that a person working for an institution or a body, provide aid, counselling and assistance to the child and the family; [ 34 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 35 ] 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 Michaël Pereira, attorney for the mother Date of hearing: June 9, 2022