2019 QCCQ 14897, 2019 QCCQ 14897

Protection de la jeunesse — 1911243 2019 QCCQ 14897 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] “Youth Division” N° : 640-41-002264-197 DATE : December 19, 2019 ______________________________________________________________________ BY THE HONOURABLE LUCIE GODIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A, working in [...]; Applicant and X, born on [...], 2018 Child and A Mother _____________________________________________________________________ JUDGMENT (Section 95 of the Y.P.A.) ______________________________________________________________________ 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 (the Director) submitted an application to the Court for the extension of the decision rendered on April 23, 2019, entrusting the child to a foster family until December 23, 2019, and ordering various assistance measures, including a follow-up by Social Services until December 2019. [ 2 ] The Director alleged a long series of facts; this judgment refers to those facts. [ 3 ] The Director recommends that the child be entrusted to a foster family with authorization that the child reintegrate his mother’s home as soon as the situation allows it and that the Court order several assistance measures, including a follow-up by Social Services until June 30, 2020. [ 4 ] The mother admits some facts, denies and ignores others.

She wants her child with her as of today. She alleges that her situation has improved. [ 5 ] The evidence reveals the following facts: [ 6 ] The child is very young; he is one year and four months old. [ 7 ] On April 23, 2019, the child was entrusted to a foster family. He was then eight months old. Since the decision rendered on that date, the mother’s situation remains the same. She faces alcohol abuse issues. Nevertheless, she has reduced her alcohol consumption in the last five months. [ 8 ] She may display aggressive behaviour towards Social Services.

The police had to intervene in the circumstances that are explained in the report (Exhibit D-8).

[ 9 ] The mother admits that recently, she opened herself up to seeking help from Social Services. [ 10 ] She also admits that the sibling of the child is already the subject of a decision of the Court of Quebec until the age of majority, as it appears from a copy of the judgment filed under exhibit D-9. [ 11 ] She recognizes that her child remains entrusted to Mrs.

B in Town A, and that he has been there for almost a year. [ 12 ] The contacts between the mother and her child have been irregular. [ 13 ] Even though the collaboration of the mother with Youth Protection has improved, it is still irregular and minimal. [ 14 ] The mother has been known by Social Services since 2013.

It has been difficult to assess her parental capabilities as her collaboration has been unstable until recently. [ 15 ] On October 24, during a meeting, she was able to ask for help and was collaborative. [ 16 ] She is pregnant and her new pregnancy would be a motivational factor to address her alcohol consumption issues. [ 17 ] She showed openness to meet with Social Services workers. [ 18 ] The child only had one contact with his mother, from July 17 to July 18. [ 19 ] The situation of the child is still compromised by virtue of

section 38 (b) (3)

i) Y.P.A. [ 20 ] Given the age of the child, the maximum delays of placement have been reached, and a life plan should be established as soon as possible. [ 21 ] Taking into account that the mother is mobilizing herself in order to improve her personal situation and, finally, that she will be moving in with the maternal grandparents within the next month, the Director recommends to exceptionally extend this measure for a period of seven months in order to establish more contacts with the mother and attempt a reintegration process if possible. [ 22 ] Given the recent collaboration of the mother with the Director, the Tribunal accepts to extend this measure until July 30, 2020, but at the same time, will make an order aiming to ensure continuity of care, stable relationships, and stable living conditions corresponding to the child’s needs and age until July 30, 2020.

Therefore, the Court will order that the child be entrusted to the foster family of Mrs. B. [ 23 ] For all these reasons, the Court concludes that the recommendations made by the Director are in the best interest of the child.

FOR THOSE MOTIVES, THE COURT: [ 24 ] GRANTS the application; [ 25 ] DECLARES that the security and development of the child are still in danger; [ 26 ] ORDERS that the child be entrusted to the foster family of B; [ 27 ] ORDERS that the child be reintegrated with the mother, if the situation allows it; [ 28 ] ORDERS that the Director of Youth Protection determine, with the collaboration of the mother, a life plan for the child; [ 29 ] ORDERS that the contacts between the mother and the child be determined by the Director of Youth Protection as for the modalities, the frequency, and the degree of supervision; [ 30 ] ORDERS that the mother take an active

part in the application of any of the measures ordered by the Tribunal; [ 31 ] ORDERS that the mother report in person, at regular intervals, to the Director of Youth Protection to inform her of the current situation; [ 32 ] ORDERS that the mother remain sober and exempt of violent behaviour in the presence of the child; [ 33 ] ORDERS that the mother seek help through Social Services concerning her alcohol consumption and personal issues; [ 34 ] ORDERS that aid, counselling and assistance be provided to the child, his family, and the foster family; [ 35 ] RECOMMENDS that, with collaboration from the mother, the Director of Youth Protection support the mother to find a place where she is willing and that is available to go and sleep; [ 36 ] THE WHOLE until July 30, 2020.

Signed in ________, on Januray___ 2020 __________________________________ LUCIE GODIN, J.C.Q. Mtre. Karianne Asselin Counsel for the applicant Mtre. Laurence Migué Counsel for the child Mtre. Angèle Tommasel Counsel for the mother Date of hearing: December 19, 2019