2022 QCCQ 8038, 2022 QCCQ 8038

Protection de la jeunesse — 222388 2022 QCCQ 8038 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 640-41-002692-215 DATE: February 3, 2022 ______________________________________________________________________ BY THE HONOURABLE CHRISTIAN LEBLANC J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2013 [SOCIAL WORKER 1], in her quality of authorized person by the Director of Youth Protection A, having a place of business in [...] Applicant and A, Mother and B, deceased 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 and prolong a decision rendered on October 21, 2021, by the honourable Peggy Warolin, J.C.Q. regarding the child X, born on [...], 2013. [ 2 ] On that date, the Court declared the security and development of the child to be in danger and entrusted him to his mother, to the exclusion of the father B, until October 31, 2022. [ 3 ] The DYP argues that the mother still displays an unresolved alcohol issue and that the children are neglected as a result. [ 4 ] Consequently, the DYP is asking the Court to entrust the child to a foster family with gradual reintegration with the mother if the situation allows it, the whole for one year.

Position of the parties [ 5 ] The mother was present and represented. She admitted that she still has an alcohol consumption issue, but she denied all the other factual allegations. Furthermore, she does not agree with the measures proposed by the DYP and ask the Court to entrust the children to her again right away. [ 6 ] The child was not present and was represented. Through his lawyer, he expressed his agreement with the measures proposed by the DYP and stated that those measures are in his best interest.

Facts [ 7 ] The DYP filed documentary evidence, which was supplemented by the testimony of [Social Worker 2], social worker for the DYP. [ 8 ] The evidence is to the effect that, during the last measure, the mother continued to struggle with an alcohol addiction that impacted negatively on her capacity to care properly for her children. [ 9 ] On October 21, 2021, when she appeared at the DYP office for the last hearing concerning her children, the mother behaved erratically, yelled, swore at the worker, and demanded that the file on her children be closed immediately.

Shortly thereafter, she changed her attitude and stated in front of her son that the DYP could take her children. Finally she admitted that she was hungover from the alcohol she had consumed the previous night and added that she would not stop drinking. [ 10 ] On November 1, 2021, the DYP spoke with the mother at her home about her decreasing level of collaboration and they expressed their concern for the children. During that meeting, the mother stated that she was having difficulty providing for the children

since she was going through a difficult personal time. [ 11 ] The following day, the mother went to the DYP office and stated that she felt unable and unwilling to care for her children anymore. She said that she did not want to cook for the boys and that they could cook for themselves. In addition, she said that the boys had too much energy and were too difficult for her to manage. She added that she sometimes screamed at the children and that sometimes, X made her so mad that she wanted to hit him.

Finally, she said that these feelings led her to consume alcohol. [ 12 ] Asked by the DYP worker about the impacts that her behaviour could have on her children, she answered that she wanted to be alone and that she was not concerned about the emotional harm that her behaviour could cause them. [ 13 ] On November 4, 2021, the DYP returned to the mother’s home to meet with her. They found her intoxicated and drinking from a bottle of vodka, in the presence of the child’s older brother.

Confronted with the situation, the mother said that she did not want to stop consuming alcohol that evening, and she therefore consented to her oldest son being brought to a safe place for the night. [ 14 ] The following evening, the DYP made an unannounced visit to the mother’s home. The children were not present, but the mother and other adults in the house were highly intoxicated. Another unannounced visit was carried out the following day. The children were present and the mother was sober. [ 15 ] A meeting was held on November 8, 2021, between the mother, the DYP and social services.

During that meeting, the mother revealed that she needed to consume a small amount of alcohol every day in order to avoid the symptoms of withdrawal. At the end of the meeting, the mother stated that she agreed to do a follow-up with social services.

Subsequently, a social services worker made many attempts to reach the mother in order to organize the follow-up, but unfortunately the mother could not be reached. [ 16 ] Informed of the situation, the DYP made several attempts to contact the mother, but on each of those occasions, the mother was found to be under the influence of alcohol. [ 17 ] The above-mentioned series of events lead the DYP to take an immediate protection measure and entrust the child and his siblings to a foster family. [ 18 ] On the night of November 23, 2021, the mother called the emergency line of the DYP, crying, and said that she needed her children because she could not be alone and she needed help. [ 19 ] The next day, the father of the child, B was released from jail and returned to City A. [ 20 ] In the following days, the mother informed the DYP that she was becoming increasingly scared of the father. [ 21 ] On December 17, 2021, the mother called the DYP emergency line to say that she was afraid of the father.

During the phone call, the emergency worker who answered the phone could hear the father in the background saying “please let me come in”. A few minutes later, the emergency worker was informed by the mother that the father had left. [ 22 ] Unfortunately, the father returned to the mother’s home later, armed with a firearm. He shot at the door lock and forced his entry into the house. He then tried to shoot himself in the chest, but due to the mother’s intervention, he ended up shooting himself in the shoulder area. The mother then grabbed her four years old daughter and ran out of the house with her.

It seems that after the mother was gone, the father turned the firearm on himself and committed suicide. [ 23 ] Following this traumatic event, the DYP was informed by family members that the mother was drinking and that the location of the children was unknown. The DYP met with the mother, who was indeed highly intoxicated and surrounded by empty vodka bottles lying on the floor.

When she was asked where the children were, she refused to disclose their location. [ 24 ] The mother briefly testified at the hearing. [ 25 ] Concerning her alcohol consumption, she said that she does not drink much and that when she drinks, she does not drink a lot.

She added that she drinks approximately three days per week, every two weeks. [ 26 ] In cross-examination on that subject, the mother added that when she drinks, she consumes a 10-ounces bottle of vodka that costs $120 locally. [ 27 ] The mother also confirmed that, because of her lack of financial resources, she is obliged to ask family members for food approximately once a month. [ 28 ] Finally, the mother was confronted by the lawyer representing the DYP about the fact that she was apparently intoxicated a week earlier at the nursing station.

The mother vaguely denied that she was intoxicated, providing an answer that can be qualified as evasive and vague. [ 29 ] On the subject of not cooking for her two oldest boys, the mother simply said that she does cook for them and that the DYP worker must have misunderstood what she said. [ 30 ] When she was asked if she was willing and ready to receive help to solve her alcohol issue, the mother clearly answered that she does not think that she needs any help. [ 31 ] Finally, when the Court asked the mother if there was any part of her life in which she needed help to improve, the mother answered that she did not know what to think about or what to say. analysis

[ 32 ] After reviewing the documentary evidence and carefully considering the testimonial evidence, including that of the mother, the Court concludes that the security and development of the child are still in danger, mainly because of the mother’s unresolved and untreated alcohol and personal issues and the impacts they have on her children. [ 33 ] Ms. A loves her children, and the Court believes that she has the capacity to care for them when she is sober.

Furthermore, her children are strongly attached to their mother and they love her. [ 34 ] That being said, the fact that she still struggles with an alcohol addiction and other personal issues means that she is not able right now to properly care for them and make sure not to expose them to her alcohol and personal issues. [ 35 ] To be able to play her parental role, the mother will need to acknowledge her issues and seek the help she needs to overcome them.

The Court hopes that she will take action quickly and fully. [ 36 ] If she does so, a gradual reintegration of the children with her is foreseeable in the future.

FOR THESE REASONS, THE COURT: [ 37 ] GRANTS the application; [ 38 ] DECLARES that the security and development of the child are still in danger; [ 39 ] REVISES the decision rendered on October 21, 2021; [ 40 ] ORDERS that the child be entrusted to a foster family, chosen by an institution operating a child and youth protection center; [ 41 ] AUTHORIZES the gradual reintegration of the child into the mother’s care as soon as the situation allows it; [ 42 ] ORDERS that the child’s mother take an active

part in the application of any of the measures ordered by the Court; [ 43 ] ORDERS that the child’s mother report in person at regular intervals to the Director of Youth Protection to inform her of the current situation; [ 44 ] ORDERS that contacts between the child and the mother be determined by the Director of Youth Protection with regards to the terms, frequency, and degree of supervision; [ 45 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child and the child’s family; [ 46 ] ORDERS any peace officer to collaborate with the execution of the order; [ 47 ] ENTRUSTS the situation of the child X to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 48 ] THE WHOLE until January 31, 2023 .

Signed on March 16, 2022 __________________________________ CHRISTIAN LEBLANC , J.C.Q. Me Justine Carli Cain Lamarre, s.e.n.c.r.l. Counsel for the Applicant Me Cassandra Neptune Centre communautaire juridique A Counsel for the child Me Angèle Tommasel Me Angèle Tommasel, avocate Counsel for the mother Date of hearing: February 3, 2022