2022 QCCQ 14546, 2022 QCCQ 14546

Protection de la jeunesse — 229113 2022 QCCQ 14546 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000863-209 DATE: November 3, 2022 (written judgment rendered on December 15, 2022) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2012 [SOCIAL WORKER 1], in her quality of authorized person by the Director of Youth Protection of the Centre intégré de santé et de services sociaux A Applicant and A Mother ______________________________________________________________________ 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 9.2 et 9.3 et 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to review and prolong a decision rendered on February 25, 2022, regarding the child X, born on [...], 2012. At that date the Court declared the security and development still endangered and entrusted the child to Ms. B until August 28, 2022. [ 2 ] The DYP submits that the situation does not allow to return the child to his mother and asks that he be entrusted to a foster family for a period of 6 months.

Position of the parties [ 3 ] The mother is present but not represented. She recognizes that the security and development of her child are still endangered, and she agrees with the measures. [ 4 ] The child is present and represented by Me Samuel Richard-Guertin. He recognizes that his security and development are still endangered, and he agrees with the measures. Facts and analysis [ 5 ] Considering the absence of contestation, the parties file a draft agreement in which they list the facts that justify maintaining the declaration of endangerment.

The facts are the following: 6.1 On February 25 th , 2022, the parties signed a draft agreement, and the child was place to the kinship foster family of Mrs.

B until August 28th 2022; 6.2 But since the last court order, the situation of the mother did not evolve much, but it has improved recently; 6.3 In fact, since the implication of the DYP in the family four years ago, the mother still did not complete any follow-up in regard of her mental health; 6.4 The mother did begin a follow up with a social worker named [Social Worker 2] 6.5 There is also information provided to the DYP that the mother is still using drugs and alcohol at times and that she is still hanging out with people having addiction problems; 6.6 In that regard, the mother is still having contact with her former boyfriend, C, who is known to have drug consumption issues; 6.7 At the end of April 2022, the child had a weekend visit at her mother that lasted more that 10 days because they got infected by the COVID-19 and had to be isolated; 6.8 After those two unexpected weeks with his mother, it was observed by the foster family that the child’s behavior regressed;

6.9 In fact, the child seems disorganized since it was noticed that he was very tired and had dirty clothes on; 6.10 When questioned about that, the child disclosed to the worker that he often went to bed very late like 1 AM to 3 AM because his mother was sleeping; 6.11 He also admitted that he barely had a shower during the time he spent with his mother; 6.12 The child also came back with dirty underwear like he did not wipe himself properly which does not occur when he is under the supervision of the foster family; 6.13 In June 2022, the DYP tried a reintegration of the child to her mother’s care; 6.14 But again, it was noticed that the behavior of child regressed at the foster family and at school as well; 6.15 It is confirmed that the child is more impulsive and have more behaviors at school when he comes back from his mother’s care; 6.16 The collaboration of the mother with the DYP is uneven in a sense that the mother is regularly on the defensive when the workers try and wants to discuss with her about the child behavior and things she needs to improve.

But the situation had improved recently; 6.17 The mother was often late to her visits with the child but the situation does not happen anymore since there is organised transportation provide to the family ; 6.18 The foster family decided to no longer keep the child because of the mother’s intrusiveness; 6.19 The mother has not gained enough stability to have her child entrusted to her at this stage; [ 6 ] This draft agreement also contains the measures they agree upon. The parents confirmed that they understood the draft agreement, they agree with, and they signed it freely.

The measures are the following: 7.1 That the child be placed in a foster family for a period of six (6) months; 7.2 That the mother accepts the exchange of information between all professionals implicated in the family's life to put an end to the situation in which the security or development of the child is in danger; 7.3 That the contact between the mother and the child be supervised and determined by the director as for length, frequency and modalities with a minimum of a contact at least once every two weekend; 7.4 That the DYP favorizes the contact between the mother and the child every weekend if the situation allows it 7.5 That the DYP favorizes phone calls between the child and the mother during the week if the situation allows it; 7.6 That the child is not in contact with Mr.

C; 7.7 That an institution or body provide aid, counselling or assistance to the child and the child's mother for a period of six (6) months; 7.8 That the mother does not consume any drug or alcohol in the youth’s presence and that she remains sober in the youth presence; 7.9 That the mother undertakes to ensure that the youth is not in the presence of people under the influence of drug or alcohol; [ 7 ] This agreement fulfills the best interest of the child.

FOR THOSE REASONS, THE COURT: [ 8 ] GRANTS the application; [ 9 ] DECLARES that the security and development of the child X, born on [...], 2012, are still endangered; [ 10 ] RATIFIES the draft agreement; [ 11 ] ORDERS the implementation of the measures mentioned in the draft agreement signed by the parties on November 3 rd , 2022; [ 12 ] ORDERS the parties to comply with the following measures: 12.1 That the child be placed in a foster family for a period of six (6) months; 12.2 That the mother accepts the exchange of information between all professionals implicated in the family's life to put an end to the situation in which the security or development of the child is in danger; 12.3 That the contact between the mother and the child be supervised and determined by the director as for length, frequency and modalities with a minimum of a contact at least once every two weekend; 12.4 That the DYP favorizes the contact between the mother and the child every weekend if the situation allows it 12.5 That the DYP favorizes phone calls between the child and the mother during the week if the situation allows it;

12.6 That the child is not in contact with Mr.

C; 12.7 That an institution or body provide aid, counselling or assistance to the child and the child's mother for a period of six (6) months; 12.8 That the mother does not consume any drug or alcohol in the youth’s presence and that she remains sober in the youth presence; 12.9 That the mother undertakes to ensure that the youth is not in the presence of people under the influence of drug or alcohol; [ 13 ] ORDERS the clerk of the Court of Quebec, Youth Division, to attach to this judgement a copy of the draft agreement to form an integrant part hereof, and to attach such copy of the judgement to be subsequently delivered; [ 14 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection for the execution of this order __________________________________ PEGGY WAROLIN , J.C.Q.

Me Marie-Michelle Grenier, attorney for the Director of Youth Protection Me Samuel Richard-Guertin, attorney for the child Date of hearing: November 3 rd , 2022