2021 QCCQ 13593, 2021 QCCQ 13593

Protection de la jeunesse — 216808 2021 QCCQ 13593 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] “Youth Division” No.: 525-41-038743-217 DATE: September 2, 2021 ______________________________________________________________________ PRESIDING: THE HONOURABLE MARTINE NOLIN, J.C.Q. ______________________________________________________________________ In the situation of: X Born on [...], 2014 Director of Youth Protection Applicant -and- A Impleaded parent ______________________________________________________________________ JUDGMENT (Section 38 Y.P.A. ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified.

Every person who contravenes this provision is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A. ). CONTEXT [ 1 ] X was born [...], 2021. His mother was in labor when she was brought to the hospital by police officers against her will. His father is not declared and for many years, his mother has been struggling with substance abuse. [ 2 ] On July 6th, the mother accepted to reside at the [Centre A] ([Centre A]).

The goal being to find the best support system for the mother and to decide on a specific and safe plan for her son. [ 3 ] On July 8th, 2021, the Director of Youth Protection (the Director) petitioned the Court and provisional measures were ordered: placement of the child in a foster family and supervised contact between X and his mother. [ 4 ] The mother was not present at the hearing for provisional measures nor is she present at the hearing on the merits. [ 5 ] She is without a known address since July 21st, 2021 and since then, has not called the social worker to inquire about the child’s wellbeing. [ 6 ] The Director is now asking the Court to maintain the child in foster care, along with supervised contact with his mother if she demonstrates commitment and motivation while participating in the social follow up.

The Director also recommends that the exercise of certain attributes of parental authority be withdrawn from the mother and granted to the Director; these measures are to apply until July 5 th , 2022. ANALYSIS [ 7 ] Ms A has an older child who is in foster care until [...] 2022, because of her instability, aggressive behavior and long history of substance abuse. [ 8 ] Between July 8th, 2021 and July 18th, 2021, the mother was not in contact with the social worker nor the child. On July 21st, 2021, contact between the mother and the child was organized.

The worker observed that the mother was calm and adequate with her son. [ 9 ] After the visit with the child, there was an altercation between staff members of the shelter and the mother. The latter exhibited

aggressive behavior toward staff members and was expelled as a result.

Since then, her whereabouts are unknown from the Director as well as from the [Centre A]. [ 10 ] The absence of the mother from her child since July 21st, 2021, her complete lack of understanding of the Director’s intervention, her refusal to be supported combined with her unresolved substance abuse issue create a serious risk of negligence for the child. [ 11 ] The placement in foster care is necessary, as is the supervision of contact between the mother and her son. [ 12 ] These measures will meet the child’s physical and emotional needs as well as his need for stability and security. [ 13 ] The Court welcomes the initiative to introduce X to his sister’s foster family considering their significant efforts to expose the child to his native culture. [ 14 ] CONSEQUENTLY, [ 15 ] THE COURT: [ 16 ] GRANTS the application; [ 17 ] DECLARES that the security or development of X is endangered on the basis of a serious risk of negligence; [ 18 ] ENTRUSTS the child to foster care; [ 19 ] RECOMMENDS that he be entrusted in the foster family of B and C; [ 20 ] ORDERS that contact between the child and his mother be suspended until the mother meets with the Director of Youth Protection on three occasions to determine her commitment and motivation; [ 21 ] If contacts are reinstated, ORDERS that the frequency and modality be determined by the Director of Youth Protection including the degree of supervision required; [ 22 ] RECOMMENDS that the mother participate in services to address her needs, namely substance abuse and mental health issues [ 23 ] ORDERS that the Director of Youth Protection share information with Le Centre jeunesse A in order to respect the provisions of the Youth Protection Act related to the preservation of the cultural identity of a Native child; [ 24 ] WITHDRAWS from the mother the exercise of certain attributes of parental authority regarding consent for health services, travels, including obtaining a passport, educational activities and administrative purposes; [ 25 ] GRANTS the exercise of these attributes of parental authority to the Director of Youth Protection; [ 26 ] ORDERS aid, counsel and assistance be provided to the child and his family; [ 27 ] THE WHOLE until July 5, 2022; [ 28 ] ENTRUSTS the situation of the child to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A who shall then see that the measures are carried out.

SIGNED IN TOWN A ______________________ MARTINE NOLIN, J.C.Q. Mtre Christine Waldvogel Counsel for the DYP Mtre Christian Benoit Counsel for the child

Date of hearing: September 2, 2021 MN/if