2022 QCCQ 9006, 2022 QCCQ 9006

Protection de la jeunesse — 224851 2022 QCCQ 9006 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41- 001166-211 DATE: January 18, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2018 child and A mother ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on January 18, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that the child’s security or development is endangered due to a situation of serious risk of neglect and of psychological ill-treatment. The Director also alleges that the parents fail to meet the child’s basic needs regarding her physical or mental health and appropriate supervision. [ 3 ] Today, the Director recommends that the child be entrusted to her maternal grandfather, Mr.

B and that diverse support measures be ordered until January 31, 2023. [ 4 ] The mother and the child’s attorney are in agreement with the Director’s plan. Question in litigation [ 5 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and analysis [ 6 ] The mother has been diagnosed with an adaptation disorder, an anxio-depressive mood and a substance use disorder related to alcohol. She has been displaying suicidal ideations and has attempted to commit suicide. She has not sought support and treatment for her health issues.

She refused to meet a doctor for a medical follow-up. On July 20 and August 2, 2021, the mother did not attend appointments with the psychiatrist. [ 7 ] The mother lives with her brother (

C) and own mother (E). They all display alcohol consumption and violence issues. [ 8 ] Steps were taken for X to be adopted by the grandmother but the process was never completed. X is almost four years old but the mother failed to register the child at the Civil Status. Consequently, the child does not have a medicare card. [ 9 ] On December 22, 2020, the police intervened as the mother got punched many times by her brother during an altercation.

[ 10 ] On April 13 2021, the police intervened as the mother was disturbing people inside the Coop store. At the time, she was intoxicated by alcohol. [ 11 ] On June 28, 2021, the police had to intervene at the family residence as the mother, the uncle and the maternal grandmother were involved in a fight. During this incident, X was present and the adults involved were intoxicated by alcohol. [ 12 ] Later that day, the police intervention was required as the mother was trying to commit suicide by jumping in the river.

The mother was eventually medically evacuated to Town A. [ 13 ] On July 26, 2021, the police receive a report to the effect that the mother and the maternal grandmother assaulted another child in X’s presence. Confronted with this information, the mother and the grandmother denied that the event occurred. [ 14 ] On October 10, 2021, the police had to intervene as the uncle and the grandmother were intoxicated by alcohol in the child’s presence. The uncle was breaking objects in the house.

A family member took care of the child for that night. [ 15 ] On October 11, 2021, the police had to intervene as the mother wanted to drive, while she was intoxicated with alcohol, with Y in her amautik. [ 16 ] On October 21, 2021, the child witnessed C, the uncle, beating up her mother and her grandmother. At the time all adults were intoxicated with alcohol.

Y was eventually left alone in the house with her uncle who was intoxicated and violent. [ 17 ] On that day, immediate protective measures were invoked and the child was placed in a foster home for the night. [ 18 ] Following that event, the child’s uncle was incarcerated in Town B. The mother mentions that her brother should be released in March 2022. [ 19 ] On November 5, 2021, during a meeting with the Youth Protection worker, the mother mentioned that she had stopped drinking since October 22, 2021.

She did not wish to receive any services. [ 20 ] The mother acknowledged that when her brother C consumes alcohol, he can be violent and aggressive and that it can scare the child. She confirmed that, at times, the uncle babysits for the child. The mother does not recognize her alcohol consumption issues. [ 21 ] Before the Director’s intervention, the mother missed many appointments for the child at the nursing. The vaccination was not up to date. [ 22 ] The mother’s collaboration with the Director is minimal.

She does not wish to receive support from any services. [ 23 ] During a meeting on November 22, 2021, the grandmother and the mother mentioned consuming alcohol twice per month. It was mentioned to them that if ever another situation happens involving the child, she would be placed. [ 24 ] During her testimony, the Youth Protection worker mentioned that steps had been taken for X to be registered at the Civil Status. [ 25 ] It is clear that the mother loves her child but she has a right to live in a safe environment (free of alcohol and violence).

She has been exposed to numerous situation of violence within her family. The child is young and vulnerable. She should always be cared for by responsible adults who are sober. When the mother is sober, she is a very good mother. When she wants to consume alcohol, she should ensure that the child is cared for by responsible and sober babysitters. [ 26 ] The mother needs to recognize that she struggles with alcohol consumption issues. At times, she needs to protect her child from the uncle and the grandmother.

She needs to seek help with Social Services to stabilize her situation and offer a transparent collaboration with the Director. [ 27 ] Considering the recurrence of the problematic situation and the lack of recognition and mobilization, the Director recommends that the children be removed from the mother’s environment and placed with the maternal grandfather. THEREFORE AND FOR THESE REASONS, THE COURT: [ 28 ] GRANTS the application for protection; [ 29 ] DECLARES that the security or the development of the child is endangered ( sections 38 b) 1 ii, 38 b) 1 iii, 38 b) 2 and 38

c) of the Youth Protection Act ); [ 30 ] ORDERS that the child be entrusted to the maternal grandfather, Mr. B; [ 31 ] ORDERS that the contacts between the child and her mother be determined by the Director of Youth Protection as for the modalities, the frequency and the degree of supervision; [ 32 ] ORDERS that the mother report periodically to the Director of Youth Protection on the measures she apply in her own regard or in her child’s regard to put an end to the situation of compromission; [ 33 ] ORDERS that the mother take an active

part in the application of any of the measures ordered; [ 34 ] ORDERS that the mother not expose the child to alcohol consumption nor violent behaviors;

[ 35 ] RECOMMENDS that the mother seek formal help through the Social Services for her personal issues; [ 36 ] RECOMMEND S that the mother receive specific health care and health services required by her situation, notably for her mental health and that she follows the professionals’ recommendations; [ 37 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 38 ] THE WHOLE until January 31, 2023; [ 39 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on January 27, 2022 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Nada Boumeftah Counsel for the child Mtre Alexander Grey Counsel for the mother Date of hearing: January 18, 2022