2020 QCCQ 3228, 2020 QCCQ 3228

Protection de la jeunesse — 204295 2020 QCCQ 3228 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF DISTRICT OF LOCALITY OF LOCALITY OF “Youth Division” No : 525-41-037062-205 DATE : July 20, 2020 ______________________________________________________________________ PRESIDING: THE HONOURABLE MARTINE NOLIN, J.C.Q. ______________________________________________________________________ In the situation of: X Born on [...], 2020 Director of Youth Protection Applicant -and- A Impleaded parents ______________________________________________________________________ JUDGMENT FOR INTERIM MEASURES (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.). [ 1 ] X was born on [...], 2020; her mother his from Town A and her paternal filiation is not declared. [ 2 ] On June 15 th , 2020 The Director of Youth Protection (the Director) presented an application to have the security or development of X declared in danger due to a situation of neglect, her mother failing to provide the care required by her health, and due to a serious risk of neglect in the answer to her basic needs. [ 3 ] The Director is asking the Court to extend the placement in foster care for an interim period of six month in order to assess the maternal grand-mother who resides in Town A and has shown interest in having the child entrusted to her. [ 4 ] The child is in foster care since June 10 th , 2020; first by the application of immediate protective measures extended by the Court and then by a provisional measure ordered on June 19 th , 2020. [ 5 ] The mother is without domicile and since June 12 th , the Director tried to reach her at The [origin A] Women’s Shelter where she was often residing before giving birth to X. [ 6 ] Considering that the attempts to notify the mother were unsuccessful, considering the Director’s request for provisional measures in order to immediately provide for this child’s needs, the Court started the hearing in the mother’s absence. [ 7 ] The lawyer appointed to represent the child, having read the documentary evidence, supports the Director’s application. [ 8 ] After consideration of the documentary evidence and the lawyer’s observations the Court declares that it is in the child’s best interest to grant the application. [ 9 ] This judgement is the written and reasoned version of a decision rendered orally on July 20 th , 2020.

CONTEXT [ 10 ] The mother arrived in Town B a year ago. She did not receive any prenatal care. [ 11 ] Since she was refusing the caesarean

section needed to give birth, the hospital’s legal department sought and obtained a court order authorizing the procedure against her will. [ 12 ] The report from the hospital’s social worker states the following: …while waiting for the operation [caesarean section] Ms. A tried to leave the hospital numerous times, assaulting workers, destroying

her room, and only calming down when security arrived. Ms. A’s room was emptied of all furnishings other than a bed. [The social worker] described Ms. A as panicked and violent, she was not able to listen to professionals instead hiding her head under the covers to block them out. …Ms. A’s toxicology revealed that the mother had consumed benzodiazepines, cocaine, and cannabis. Ms.

A did not name her baby. (D-2, page 3) [ 13 ] The mother refused treatment needed by the baby and herself. [ 14 ] After only one albeit adequate contact with her daughter, the mother left the hospital without giving an address or giving a name to her baby.

She refused to give any information as to her plan but asked that the Director contact her mother. [ 15 ] The maternal grand-mother informed the social worker that the mother had deeply suffered from the death of a first child that suffocated after the mother fell asleep while breastfeeding; since that tragic incident the mother has been «out of control». [ 16 ] The Director forwarded the relevant documents to the Centre Jeunesse A requesting the assessment of Ms.

C, the maternal grand-mother, as a kinship foster family; the process could take up to six months. [ 17 ] In her actual foster family, X is thriving; the foster parents are willing to invest the child on a long term basis if necessary; they are sensitive to her cultural background.

ANALYSIS [ 18 ] The difficulties presented by the mother, the decisions she has made since pregnant with X and after her birth, clearly demonstrate that the child is at risk of not receiving the care her vulnerability and state of dependency demand. [ 19 ] The mother showed concern in her daughter’s future by asking the Director to contact her mother thus giving a chance for the child to be entrusted to a family member and to grow up as a member of the Inuit community. [ 20 ] Acting on this request from the mother is compatible with the legislator’s intent expressed in the following articles of the Youth Protection Act : 2.4.

Every person having responsibilities towards a child under this Act, and every person called upon to make decisions with respect to a child under this Act shall, in their interventions, take into account the necessity (…) (5) of opting for measures, in respect of the child and the child’s parents, which allow action to be taken diligently to ensure the child’s protection, considering that a child’s perception of time differs from that of adults, and which take into consideration the following factors: (

a) the proximity of the chosen resource; (

b) the characteristics of cultural communities; (

c) the characteristics of [origin A] communities, including [origin B] customary tutorship and adoption. 3. Decisions made under this Act must be in the interest of the child and respect his rights. In addition to the moral, intellectual, emotional and material needs of the child, his age, health, personality and family environment and the other aspects of his situation must be taken into account. In the case of a [origin A] child, the preservation of the child’s cultural identity must also be taken into account. 4. Every decision made under this Act must aim at keeping the child in the family environment.

If, in the interest of the child, it is not possible to keep the child in the family environment, the decision must aim at ensuring that the child benefits, insofar as possible with the persons most important to the child, in particular the grandparents or other members of the extended family, from continuity of care, stable relationships and stable living conditions corresponding to the child’s needs and age and as nearly similar to those of a normal family environment as possible.

Moreover, the parents’ involvement must always be fostered, with a view to encouraging and helping them to exercise their parental responsibilities. If, in the interest of the child, returning the child to the family is impossible, the decision must aim at ensuring continuity of care, stable relationships and stable living conditions corresponding to the child’s needs and age on a permanent basis.

A decision made under the second or third paragraph regarding a [origin A] child must aim at entrusting the child to an alternative living environment capable of preserving his cultural identity, by giving preference to a member of his extended family or his community or nation. [1] [ 21 ] The Court needs to be informed of the environment offered by the maternal grand-mother before making any final decision on the appropriate measures required to respond to this young child’s needs and best interest. [ 22 ] CONSEQUENTLY, THE COURT: [ 23 ] PARTIALLY GRANTS the application;

[ 24 ] DECLARES the security or development of the X in danger based on a situation of negligence by failing to provide the care required by her health and on a serious risk of negligence; [ 25 ] DECLARES that it is necessary for her security or development to order the following provisional measures : [ 26 ] ORDERS that X remain in foster care; [ 27 ] RECOMMENDS that the child remain in her actual foster family; [ 28 ] ORDERS that the frequency and modality of contact between X and her mother, Ms.

A, be determined by the Director of Youth Protection, with supervision if necessary; [ 29 ] AUTHORIZES the Director of Youth Protection to share information with the Centre jeunesse A regarding X’s care and history; [ 30 ] ORDERS that the maternal grandmother, Ms. C, be assessed as a possible kinship foster family if she maintains her motivation to be assessed; [ 31 ] WITHDRAWS from Ms.

A the exercise of certain attributes of parental authority regarding medical and administrative consents and GRANTS the exercise of those attributes to the Director of Youth Protection; [ 32 ] ORDERS that aid, counsel and assistance be provided to the child and her family; [ 33 ] THE WHOLE until the next hearing; [ 34 ] SETS the next hearing on January 19, 2020, at 9h30, room [...], before the undersigned. SIGNED IN TOWN B This 27 th day of August, 2020 ______________________ MARTINE NOLIN, J.C.Q.

Kimberley Jean-Baptiste (stagiaire) Counsel for the DYP Me Laurence Marceau Counsel for the child Date of hearing: July 20, 2020 MN/if