2021 QCCQ 11032, 2021 QCCQ 11032

Protection de la jeunesse — 214683 2021 QCCQ 11032 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002531-207 DATE: February 25, 2021 (written judgment rendered on May 18, 2021) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2019 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A, residing and domiciled [...] Mother ______________________________________________________________________ JUDGMENT (Section 38 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 declare that the security and development of the child X, born on [...], 2019, are endangered under paragraph (b) (2) [1] of

section 38 of the Youth Protection Act . [ 2 ] The DYP recommends that the child be entrusted to a foster family until October 31, 2021. Position of the Parties [ 3 ] The mother is present and represented by Me Angèle Tommasel. She recognizes that the security and development of her child are endangered and she agrees with the measures. [ 4 ] The child is absent, but represented by Me Cassandra Neptune. On her client’s behalf, Me Neptune submits to the Court that the situation of the child is endangered for the alleged ground and that the recommended measures are in his best interest.

Facts [ 5 ] The situation of the mother is known from the DYP as her five older children are not under her care. Her first 3 children are fostered by their paternal grandmother in Town A, the fourth one is entrusted to a Group Home and the fifth one is in a foster family in Town B. [ 6 ] X was born on [...], 2019. The mother was at Town C the days before the birth and she was seen intoxicated many times. During the delivery, she was also intoxicated.

Despite that, the child was doing well and was discharged 2 days after his birth. [ 7 ] His situation was reported to the DYP on the date of his birth, [Centre A] collaborated and a worker went to see the mother. The mother agreed to sign a provisional measure, and the child was entrusted to a foster family in Montreal. During that time, the mother decided to stay in Town C to be close to her son for the following 30 days. [ 8 ] Unfortunately, the mother was seen numerous times intoxicated and she was asked to leave Town C.

She decided not to go back in Town D because her extended family and friends have alcohol consumption issues. She wanted to stay away from consumption to have more chance to have her child back. [ 9 ] She decided to go in Town A to live with the father of her older children. According to her, he would have helped her to remain sober. By the beginning of October 2019, Ms. A called the DYP to let the worker know that one of her friends, Ms. B was interested to foster X.

Different administrative issues between the Town E DYP and the Town J DYP delayed the process of evaluation, but by mid- December, the evaluation was done and it was negative. [ 10 ] The Town F DYP remained responsible for the file as the mother was living in Town A and she stayed there until February 2020. During this period she, indeed, remained sober and she worked full time at the day care.

[ 11 ] On January 23, 2020, the foster parents, living in Town G, were accredited to foster X. They went to Town H to pick up him on February 3, and X adapted very well to his new environment. The mother had one visit with her son in February.

She was supposed to have more, but she had to cancel as her sister passed away and she went in Town D for the funerals. [ 12 ] After that, the mother decided to remain in Town D to be with her family members and because the father of her older children was violent with her. [ 13 ] During the time she spent in Town D, her situation got worse: she increased her alcohol consumption, she displayed suicidal ideation and had conflicts with her family members.

In May 2020, she decided to move to Town I where there would be less temptation to drink. [ 14 ] On February 22, 2020, the foster family moved back down South because the foster mother would give birth and they had planned to come back in September for the beginning of the school year as they are teachers. In September, they informed the DYP that they would stay until the next school year down South during the foster mother’s maternity leave, due to the pandemic situation.

They already made a request to the A School Board to be transferred on [Region A] for X to be closer to his mother. [ 15 ] As the mother decided to remain on [Region A], the Town E DYP became responsible again of the file. [ 16 ] The mother saw her child in October when the foster parents came for a visit. The child reacted well, but referred a lot to the foster father. The mother was happy with the choice of foster parents. She knows them because they are the teacher of one of her daughters and they plan to remain in the North.

The foster father is learning Inuktitut and speaks already well. [ 17 ] The mother suffered many traumas in her life: conjugal violent relationships and the loss of her mother, of her sister and of X’s biological father. She also lost her house in a fire and was homeless following that in Town D as well as in Town I. Because of that she is very vulnerable to consumption. She is struggling with alcohol addiction for many years. She attempted twice to complete the [Program A], but on the 2 occasions, she left before the end. She is very affected by her sister’s death.

She was offered to receive services from the Social Services, but she refused, saying that the workers changed all the time and she is tired of repeating her story again and again. [ 18 ] The mother has a new boyfriend, and she gave birth to a child in February 2021. The child had been removed from her care. The mother asserts that there is no conjugal violence, but on October 8, 2020, a police intervention was needed and the mother was brought to the women's shelter.

Her new boyfriend is currently detained. [ 19 ] The child is developing well in his foster family and developed strong bonds with his foster parents. The pediatrician observe some physical features that might be related to Fetal Alcohol Syndrome and the mother fully admits her consumption during the pregnancy. X is also waiting for an appointment for an ear issue. [ 20 ] The DYP worker explains that the purpose of these measures is to prepare a life plan as the maximum delay of placement is already reached. Analysis [ 21 ] The mother was very unstable since X’s birth.

The situation seems to stabilize during the last weeks, but the situation remains very fragile. Indeed the mother, who hopes to have a better life with her new boyfriend and to be able to have her children back under her care, was again the victim of conjugal violence. This is another traumatizing event which adds to a long list of traumas. [ 22 ] The mother fully recognizes her issues, she collaborated with the DYP and that is very helpful.

But that being said, with the current portrait, the mother will have to make great and urgent changes in her life if she wants to be able to resume the care of her son. [ 23 ] Luckily, X was entrusted to a foster family who plan to come back living in the North and who already made a request to have a job closer to the mother. This will permit more frequent contacts between the mother and the child which is for sure in his best interest.

FOR THOSE REASONS, THE COURT: [ 24 ] GRANTS the application; [ 25 ] DECLARES that the security and development of the child X, born on [...], 2019, are endangered under paragraph (b) (2) of

section 38 of the Youth Protection Act ; [ 26 ] ORDERS that the child be entrusted to a foster family, chosen by the institution operating a child and youth protection centre; [ 27 ] ORDERS that the child receive all health care and services required by his situation; [ 28 ] ORDERS that the mother take an active

part in the application of any of the measures ordered by the Court; [ 29 ] ORDERS that the mother report in person, at regular intervals, to the Director of Youth Protection to inform her of the current situation; [ 30 ] ORDERS that the mother remain sober and without any violent behaviour in the presence of the child; [ 31 ] RECOMMENDS that the mother seek help through the Social Services concerning her alcohol and personal issues; [ 32 ] ORDERS that the modalities, frequency and degree of supervision of the contacts between the child and the mother be determined by the Director of Youth protection; [ 33 ] ENCOURAGES frequent contacts between the child and the mother in person and by any technological way;

[ 34 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the child and the mother; [ 35 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 36 ] THE WHOLE until October 31, 2021. __________________________________ PEGGY WAROLIN , J.C.Q. Me Roxane Bacon, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Me Angèle Tommasel, attorney for the mother Date of hearing: February 25, 2021