2018 QCCQ 19368, 2018 QCCQ 19368

Protection de la jeunesse — 1810756 2018 QCCQ 19368 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000732-161 DATE: October 29, 2018 (written judgment rendered on December 4, 2018) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2014 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to review and prolong the decision rendered on March 25, 2018, regarding the child X, born on [...], 2014.

At that date, the Court declared the security and development still in danger and entrusted the child to her great aunt until October 31, 2018. [ 2 ] The Director submits that the security and the development of the child continue to be in danger and recommends that the child be entrusted to a foster family. [ 3 ] The mother is present and represented by Me Léonard. She admits most of the alleged facts and agrees with the measures. [ 4 ] X who is now 4 years old is absent but represented by Me Neptune. After hearing the evidence, her lawyer invites the Court to grant the application and the requested measures.

History of the File [ 5 ] On January 24, 2017, the Court was seized with an application for protection. The mother had alcohol and drug issues and she was known to sell drugs. Voluntary measures have been signed in July 2016, and X was maintained with her mother, because she wanted to seek help and she has good parental capacities when she is sober. At that date, the Court declared the security and development of the child in danger [1] and entrusted her to a foster family with reintegration with the mother if the situation allows it. [ 6 ] On November 30, 2017, the Court revised the previous decision.

The mother went into a therapy but her situation did not improve. X was suffering from traumas following sexual abuses, and the DYP raised concerns regarding her psychological and physical development. The mother was involved in a violent conjugal relationship and continued to display suicidal ideation. The aunt, to whom X was entrusted to, was not sure to be able to continue to keep her on a long term basis. The Court maintained the situation of the child in danger and entrusted her to the same aunt, Ms.

B until May 30, 2018, as the DYP was helping her to take a decision regarding her involvement. [ 7 ] On May 25, 2018, the mother still displayed consumption issues and suicidal ideation which brought her to be hospitalized. Ms. B informed the DYP that she could not continue to take care of X because her sister, the child’s mother, intimidated her and the relation deteriorated. The great-aunt was evaluated positively to take care of X. Some visits occurred to start the integration to this place, and the mother agreed with this suggestion. The mother was informed that the maximum delay of placement was reached.

The Court entrusted the child to a foster family until November 30, 2018. Facts [ 8 ] In May 2018, as announced, X was entrusted to her great-aunt, Ms. C and her great-uncle, Mr. D in Town A. She stays there since that date and is doing very well. She speaks [Language A] and she is learning English. [ 9 ] The mother continues to display excessive alcohol consumption issues and many events were reported by the police force and

by the Social Services involving the mother since the last order. She was incarcerated for drinking and driving, for mischief, for breach and because she was not present at the criminal court. [ 10 ] She was also hospitalized few times because she tried to commit suicide. [ 11 ] The mother appreciates that her daughter is entrusted to her aunt. She knows that X is well taken care and she has a good relationship with her aunt which helps her to be informed of her daughter’s situation. Unfortunately, the mother was unreachable most of the time and did not benefit from all the possibilities of access.

She saw her daughter only once since May 2018. [ 12 ] She lived in Town B for a while and moved to Town A at the beginning of October 2018, where she lives with relatives. Her situation seems to improve since she is there. Indeed, she was not reported as intoxicated for three weeks and she is waiting to go to a six- week treatment in Town B. She works part-time at the daycare. [ 13 ] The foster family recently disclosed that they can’t engage themselves on a long term basis.

They have several people to take care of at home and considering they both work, they can take care of X only for another two or three months. analysis [ 14 ] The evidence clearly shows that the mother is not in position to take care of her daughter and considering that her mobilization is very recent, she won’t be able to make it in a near future. [ 15 ] As mentioned by Justice Lemoine in May 2018, the maximum delay of placement is reached. For now, no permanent resource was found for X.

The placement until the majority would have been in the best interest of the child but considering no stable place is available now, the DYP has to find one and to work on a life plan for X. FOR THOSE REASONS, THE COURT: [ 16 ] GRANTS this application; [ 17 ] DECLARES that the security and the development of the child X, born on [...], 2014, continue to be in danger; [ 18 ] ORDERS that the child X be entrusted to a foster family, chosen by an institution operating a child and youth protection centre; [ 19 ] ORDERS that the mother take an active

part in the application of any of the measures ordered by the Court; [ 20 ] ORDERS that the mother report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 21 ] ORDERS that the mother remain sober in the presence of the child; [ 22 ] RECOMMENDS that the mother seek help through the Social Services concerning her alcohol and personal issues; [ 23 ] ORDERS that the contacts between the child and her mother be supervised by the Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 24 ] ORDERS that the contacts between the child and her siblings be facilitated and determined by Director of Youth Protection, as for frequency, modality and terms; [ 25 ] ORDERS that aid, counselling or assistance be provided by the Director of Youth Protection to the child, the mother and the foster family until August 9, 2019; [ 26 ] ORDERS the police to collaborate to the execution of the enactment; [ 27 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection A, who shall then see that the measures are carried out. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Geneviève Apollon, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Me Marianne Léonard, attorney for the mother Date of hearing: October 29, 2018