2021 QCCQ 15274, 2021 QCCQ 15274

Protection de la jeunesse — 218770 2021 QCCQ 15274 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000954-195 DATE: September 20, 2021 (written judgment rendered on November 26, 2021) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2018 [INTERVENANTE 1], Youth Protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A, residing and domiciled in [...] Mother and B , residing and domiciled at [...] Father ______________________________________________________________________ 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 a decision rendered on March 11, 2021, regarding the child X, born on [...], 2018. At that date the Court declared the security and development still endangered and entrusted the child to the foster family of Ms. C and Mr. D, until June 8, 2036. [ 2 ] The DYP asks the Court to withdraw certain attributes of the parental authorities from the parents. Position of the Parties [ 3 ] The mother is absent and not represented.

She is nowhere to be found despite the steps taken by the DYP worker. The Court dispensed the DYP to serve the application and proceed in the absence of the mother. [ 4 ] Despite being dully served, the father is absent and not represented. The Court proceed in his absence. [ 5 ] The child is 3 years old. He is absent, but represented by Me Kelly-Ann Sinnett. On her client’s behalf and after hearing the evidence, Me Sinnett submits to the Court that his security and development are still endangered and that the recommended measures are in his best interest.

History of the Situation [ 6 ] On June 14, 2019 , the Court was seized with an application for protection. The child was 12 months old. He is the fourth child of the mother. Both parents have alcohol consumption and conjugal violence issues. The older children are entrusted to foster families. The mother had left the baby alone during the night and had asked to his brother aged of 6 years old to babysit him. In 2019, the parents signed an agreement on provisional measures and the child was entrusted to a foster family in Town A. The police had to intervene many times with the parents due to conjugal violence.

They have a prohibition of contacts between each other. The mother has housing and financial difficulty and needs the father to help her. Despite such difficulties, there are very strong bonds between the mother and the child. The father is not involved at all in the child’s life and does not want to be. The grandparents who foster the older children are not able to take care of the baby. The Court declared that the security and development of the child are endangered [1] and entrusted him to a foster family until May 30, 2020.

The Court ordered that the contacts between the child and the parents be supervised by a third party as long as the parents are not involved in a treatment for their alcohol consumption issues. [ 7 ] On May 8, 2020 , the Court revised the situation. Since the last decision, the child remained with a non-Inuit foster family in Town A. He is developing well. Steps were taken to find an Inuit foster family. The mother got pregnant and recently gave birth. She remained sober during the pregnancy and relapsed as soon as she gave birth.

The mother has a conflictual relationship with her new spouse, the newborn’s father. She lives in a crack house in Town B. The mother has monthly contacts with her child, and all the visits

went well. The father still struggles with his addiction issues. The Court entrusted the child to a foster family until November 30, 2020. [ 8 ] On October 29, 2020 , the Court revised the situation again. In April 2020, the child was transferred to a new foster family as the previous one was not able to continue to care for him. He adapted well to his new environment. The parents continue to struggle with their difficulties (drugs and alcohol consumption, conjugal violence, etc.). The father still not want to be involved in his child’s life.

The maximum period of placement is reached, but the life plan is not ready yet. Doing so, the Court entrusted the child to Ms. C until March 31, 2021. [ 9 ] On March 11, 2021 , the evidence showed that the child remained with Ms. C and her spouse and he developed very well there. The father did not ask for any contacts. The mother asked only for one, but finally she did not show up. The Court entrusted the child to the couple until he reaches his majority.

Facts and Analysis [ 10 ] Since the last decision, the child remained with his foster parents and he continued to develop very well. [ 11 ] By the end of July 2021, the foster mother informed the DYP worker about concerns that she has. According to her the child bites and he would benefit from participating to the program A. [ 12 ] The DYP worker took numerous steps to reach the mother to discuss the child’s need with her. Attempts were made by phone, by home visits, by FM calls, but the parents remained unreachable.

After receiving the information that the mother would be homeless in Town A, the different Native shelters were reached, but it had been impossible to find the mother. [ 13 ] Contacts were made with the father, but he constantly refused to give his consents to the services requested. [ 14 ] Since the last decision, no one of the parents made request to have contact with the child.

They were not present at the emergency hearing in August 2021 when the DYP asks the Court to withdraw the attributes of parental authority from the parents. [ 15 ] Taking care of a child requires to be able to take decisions and some of those decisions have to be taken urgently. In the circumstances proven to the Court, it is in the best interest of the child that the attributes of parental authority be given to the person who knows the child the most.

In this case, the foster parents have all the information to make the best decisions and the child does not have to wait for his parents to be reached before a decision be taken. FOR THOSE REASONS, THE COURT: [ 16 ] GRANTS the application; [ 17 ] DECLARES that the security and development of the child X, born on [...], 2018, are still endangered; [ 18 ] ORDERS that the child continue to be entrusted to Ms. C and Mr.

D, until the age of majority; [ 19 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 20 ] ORDERS that the parents take an active

part in the application of the measures ordered by the Court and fully collaborate with the Director of Youth Protection; [ 21 ] ORDERS that the parents remain sober and without any violent behaviour in the presence of the child; [ 22 ] RECOMMENDS that the parents seek help through the Social Services or another resource deemed appropriate concerning their substance abuse and personal issues; [ 23 ] AUTHORIZES the Director of Youth Protection to access the information regarding the parents' presence at appointments with professionals and their level of involvement with the services provided; [ 24 ] ORDERS that the modalities, frequency and degree of supervision of the contacts between the child and the parents be determined by the Director of Youth Protection; [ 25 ] ORDERS that the exercise of certain attributes of parental authority be withdrawn from the parents and granted to the Director of Youth Protection, namely regarding health, school, extracurricular activities, travelling, passport, driving Licence and Social insurance number; [ 26 ] ORDERS that the child receive all health care services notably a speech therapy evaluation and a pediatric evaluation; [ 27 ] ORDERS that a person working for an institution or a body, provide aid, counselling and assistance to the child, the child’s family and the foster family; [ 28 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 29 ] THE WHOLE until June 8, 2036.

__________________________________ PEGGY WAROLIN , J.C.Q. Me Geneviève Apollon, attorney for the Director of Youth Protection Me Kelly Ann Sinnett, attorney for the child Date of hearing: September 20, 2021