2022 QCCQ 14421, 2022 QCCQ 14421

Protection de la jeunesse — 229079 2022 QCCQ 14421 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002779-228 DATE: June 9, 2022 (written judgment rendered on June 23, 2022) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2022 [SOCIAL WORKER 1], Youth protection worker, duly authorized by the Director of Youth Protection A Applicant and A 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 [...], 2022, are endangered under paragraph (b) (2) of

section 38 [1] of the Youth Protection Act . [ 2 ] The DYP asks that the child be entrusted to a foster family until June 9, 2023. Position of the Parties [ 3 ] The mother is present and represented by Me Cassandra Neptune. She contests the allegation of endangerment, and she disagrees with the measures. [ 4 ] The child is 2 ½ months old. He is absent, but represented by Me Michaël Pereira. After hearing the evidence, Me Pereira submits to the Court that the situation of the child should be declared endangered and that the recommended measures are in his best interest.

Facts [ 5 ] The child is the 2 nd one of the mother. The 1 st one is entrusted to the maternal grandmother for a few years now. The mother is known for chronic mental health issues. [ 6 ] The DYP had been aware of the situation of the mother while she was still pregnant. At that moment she was homeless in her village and was sleeping in the municipal garage. The Social Services had to intervene many times with her to provide her with support and food. [ 7 ] During her pregnancy, the mother was sentenced for an infraction related to drugs trafficking. Once in detention, she attempts herself to abort the child.

She was hospitalized in psychiatry, and she had a homicidal discourse about the child. [ 8 ] She was convinced that she was pregnant with 2 babies, she heard voices and echoes, and she had episodes of hallucinations and psychosis. [ 9 ] She gave birth in Town A, and her contacts with the child were always supervised. At birth, the child tested positive for alcohol in his blood. [ 10 ] The mother was prescribed with antipsychotic medication, but she did not understand the purpose of that medication. Despite being explained, the mother continued to think that it was for her belly and her blood.

The mother was transferred to Douglas Hospital after the birth. [ 11 ] The DYP took an immediate protective measure and communicated with the maternal grandmother to see if she would be available to foster the child. The maternal grandmother refused and also mentioned that she would not be available neither for

babysitting. The grandmother considers having enough responsibilities with her granddaughter and with the mother. As no other names were provided to the DYP, a foster family down South was founded. The extended family members refused to have the child and expressed their fears about the mother’s capacities to take care of him. [ 12 ] Since then, the mother came back in her own town. She goes to the nursing every day, but has difficulties to express the reasons of her presence. She took at least one injection since her return, but the DYP worker ignores if she took the other ones.

The mother is not able to give any detail about her medical situation. [ 13 ] The mother has a regular follow-up with the Social Services. They helped her to find a job, and she is now working at the Coop. Nothing wrong was reported by her employer. [ 14 ] The DYP is still looking for a foster family in the North, but the research came back negative on the 2 coasts. [ 15 ] Regarding the contacts, the DYP would favour the contact in the North because the mother would not be able to travel down South alone.

The foster family has an openness to travel up North. [ 16 ] Currently, the mother is living with her brothers. They have children on their own and they have all alcohol consumption issues. Analysis [ 17 ] The mother’s medical file demonstrate how serious her situation before and after the birth was. She had very worrisome behaviours and discourse toward the child. Her situation today, except for her employment, is not more stable than before. [ 18 ] Her living environment does not allow to provide a safe place for the child.

She does not understand her medical situation and we ignored if she follows the medical prescription. She had only video contacts with her child and she has no plan to babysit the child if she had him under her care. [ 19 ] Since his birth, this child is a risk to be a victim of neglect and a placement is required to ensure his safety. Due to his age, this child is very vulnerable. [ 20 ] Everyone would have preferred that he be entrusted in [Region A] to facilitate the contacts and to create a link with his culture. Unfortunately, despite the attempts made, it had not been possible for now to find one.

The DYP continues to look for. The Court is fully aware of the prescription of the federal law and the prescription of the new YPA, but the Court was not provided with any evidence regarding any default from the DYP nor about the refusal to assess any foster family in the North. Doing so, the Court will leave to the DYP the responsibility to find the most suitable place or the child. FOR THOSE REASONS, THE COURT: [ 21 ] GRANTS the application; [ 22 ] DECLARES that the security and development of the child X, born on [...], 2022, are endangered under paragraph (b) (2) of

section 38 of the Youth Protection Act ; [ 23 ] ORDERS that the child be entrusted to a foster family, chosen by the institution operating a child and youth protection centre; [ 24 ] AUTHORIZES the reintegration with the mother if the situation allows it; [ 25 ] TAKES JUDICIAL NOTICE that the Director of Youth Protection is actively looking for a foster family in the [Region A]; [ 26 ] ORDERS that the mother report periodically to the Director of Youth Protection on the measures she applies in her own regard or in her child’s regard to put an end to the situation in which the security and development of the child are endangered; [ 27 ] ORDERS that the mother take an active

part in the application of the measures ordered by the Court; [ 28 ] RECOMMENDS that the mother seek help through the Social Services concerning her alcohol, drug consumption and personal issues; [ 29 ] RECOMMENDS that the mother follow all the recommendations of the medical staff; [ 30 ] RECOMMENDS that the mother give access to the Director of Youth Protection to her medical file; [ 31 ] ORDERS that the modalities, the frequency and the degree of supervision of the contacts between the child and the mother be determined by the Director of Youth Protection; [ 32 ] ORDERS that a person working for an institution or a body, provide aid, counselling and assistance to the child and the family; [ 33 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 34 ] THE WHOLE until June 30, 2023.

__________________________________ PEGGY WAROLIN , J.C.Q. Me Adèle Cyr, attorney for the Director of Youth Protection Me Michaël Pereira, attorney for the child Me Cassandra Neptune, attorney for the mother Date of hearing: June 9, 2022