2020 QCCQ 13414, 2020 QCCQ 13414

Protection de la jeunesse — 209347 2020 QCCQ 13414 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002320-197 DATE: October 9, 2020 (written judgment rendered on December 7, 2020) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2019 [SOCIAL WORKER 1] & [SOCIAL WORKER 2], Youth Protection workers, duly authorized by the Director of Youth Protection A, working [...] Applicants and A, residing and domiciled at [...] 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 and prolong a decision rendered on August 22, 2019, regarding the child X, born on [...], 2019.

At that date the Court declared the security and development endangered and entrusted the child to a foster family, with a reintegration with the mother if the situation allows it. [ 2 ] The DYP submits that the situation does not allow to return the child to his parents and recommends that he be entrusted to a foster family, namely Ms. C and Mr. D, until the age of majority. Position of the parties [ 3 ] Despite being dully served the parents are absent and not represented. The hearing was postponed a few times during the week and each times the parents were informed of the new date.

Me Laoun who represented the mother by the past also tried to convince her to be present without success. Considering the best interest of the child, the Court proceed in their absence. [ 4 ] The child is absent, but represented by Me Cassandra Neptune. On her client’s behalf and after hearing the evidence, Me Neptune submits to the Court that the situation of the child remains endangered and that the recommended measures are in his best interest. History of the Situation [ 5 ] On May 31, 2019 , the Court entrusted the child to a foster family on provisional measures.

On August 7, 2019, the measures were prolonged. [ 6 ] On August 21, 2019 , the Court was seized with an application for protection. X was 6 months old. The family situation was known for several years as the older children of the parents are placed in foster care. The parents have a history of alcohol consumption and conjugal violence issues. The parents are aware of their difficulties, but never took steps to seek help.

The Court declared the security and development of the child endangered [1] and entrusted him to a foster family with reintegration with the mother a soon as the situation allows it, the whole until August 5, 2020. [ 7 ] On August 7, 2020 , and on August 21, 2020 , the placement was prolonged under provisional measures. Facts [ 8 ] X is fostered by Ms. C and her spouse, Mr. D since August 2019. This foster family lived in Town A, but moved for a while to Town B. They plan to move back to Town A during summer 2021, and to remain there.

[ 9 ] X has developed a very strong bond with his foster parents and has a lot of difficulty to be separated from them. He is very anxious when he does not see them, to the point that it could be necessary to call back the foster parents to ask them to come to pick up the child. [ 10 ] The parents are still living in Town A. The mother is not employed presently. She gave birth in May 2020, and gave the child for traditional adoption.

Two months before the birth, she makes this decision saying that she would not be able to raise this child for financial reasons and was happy to have found someone in her community to care for her new born. [ 11 ] The parents deeply loved their children, but they are involved in a continual violent relationship punctuated by periods of calm, and periods of consumption and violence. The parents get separated regularly and resumed their relation short after. However, when sober, they have good parental capacities. [ 12 ] The father is working at the grocery store.

He attends some meetings with the Social Services. [ 13 ] On May 25, 2020, a hearing took place regarding X’s sibling. The father testified about his willingness to seriously address his alcohol and anger management issues and to be able to resume the care of his children. The DYP took appointment with the parents during the following days to speak about the aspects they have to work on and the intervention plan. The mother came at the office to discuss about that and explain that she and her husband try to remain sober and to work on their relationship.

Unfortunately, the father did not come and when the DYP went to his place to speak with him, he was not available. [ 14 ] At the beginning of September 2020, another event of conjugal violence occurred between the parents and the mother put an end to the relation, until September 15, 2020, when the parents confirmed that they had resumed their relation. [ 15 ] The foster parents express many times their desire to take care of X until his majority. They want to favour the contacts with the parents and the siblings who are invited to come at their place.

The foster mother communicates with the mother through Facebook and keep her informed of the evolution of the child. The foster parents are Cree. X is the second Inuk child they foster. They confirm the importance for them to maintain the child in contact with his culture. They show him pictures of his family, they spoke about his history and they make sure that the country food is part of his diet. Analysis [ 16 ] X’s situation remains endangered because of his parents’ way of life.

Indeed, they continue to struggle with their addiction issues and despite the period of separation, they resume again their violent conjugal relationship. [ 17 ] The evidence provided does not permit to conclude that this situation could change in a near future to the point that they could be able to resume the care of their child. [ 18 ] The maximum delay of placements prescribed by the YPA is reached and the plan suggested by the DYP answers all the criteria imposed by the law and by the jurisprudence. [ 19 ] X is very attached to his foster parents and he is well integrated in this family including the extended family. [ 20 ] Moreover, for sure, the foster parents are not Inuk, but they are Cree and they are very sensitive to the importance of maintaining the link with the culture.

Also those two cultures are very close. X is the second Inuk child in the C’s foster, so they are well aware of this reality. [ 21 ] Finally, this foster family is very proactive to organize contacts with the parents and once they are back in Town A, those contacts will increase. [ 22 ] The Court is totally satisfied with this plan and thanked the foster parents for their commitment in the life of X. He is very lucky to have found such loving and caring foster parents and extended foster family.

FOR THOSE REASONS, THE COURT: [ 23 ] GRANTS the application; [ 24 ] DECLARES that the security and development of the child X, born on [...], 2019, are still endangered; [ 25 ] ORDERS that the child be entrusted to a foster family chosen by the institution operating a child and youth protection centre, namely Ms. C and Mr. D until the age of majority; [ 26 ] ORDERS that the parents take an active

part in the application of the measures ordered by the Court; [ 27 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform her of the current situation; [ 28 ] ORDERS that the parents remain sober and without any violent behaviour in the presence of the child; [ 29 ] RECOMMENDS that the parents seek help through Social Services concerning their personal issues; [ 30 ] ORDERS that the frequency, the modalities and the degree of supervision of the contacts between the child and the parents are determined by the Director of Youth protection; [ 31 ] AUTHORIZES regular and frequent contacts between the child, his parents and his siblings;

[ 32 ] AUTHORIZES the foster parents to organize the contacts between the child, the parents and the siblings as long as they feel comfortable to do this, and ORDERS the foster family to keep the DYP aware of those contacts; [ 33 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the child and the family; [ 34 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 35 ] THE WHOLE until [...], 2037. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Adèle Cyr, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Date of hearing: October 9, 2020