2019 QCCQ 15281, 2019 QCCQ 15281

Protection de la jeunesse — 1910411 2019 QCCQ 15281 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002250-188 DATE: January 17, 2019 (written judgment rendered on September 24, 2019) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2017 [SOCIAL WORKER 1] and [SOCIAL WORKER 2], Youth Protection workers, duly authorized by the Director of Youth Protection A, working in [...] Applicants and A, residing and domiciled at [...] Mother and B, residing and domiciled at [...] Father ______________________________________________________________________ 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 the security and development of the child X, born on [...], 2017, endangered under

section 38 (

b) iii., 38 (

c) and 38 (d) (2) [1] of the Youth Protection Act . [ 2 ] The mother is absent, but represented by Me Tommasel. She admits most of the allegations, and she agrees with the measures. [ 3 ] The father is absent, but represented by Me Lazarov. He admits most of the allegations and he says he understands the situation, he’s ready to work with the DYP and agrees with the measures. [ 4 ] The Court authorizes to proceed in the absence of the parents. [ 5 ] X who is 19 months old is represented by Me Martineau.

The child’s lawyer submits to the Court that the measures suggested are in his best interest and asks the Court to order that the child receive health care and services. Facts [ 6 ] On July 13, 2018, the mother was met as the DYP received a report regarding X, who would be a victim of sexual abuse from his paternal grandfather, and confronted to conjugal violence at his maternal grandmother’s place. The mother was intoxicated, but accompanied by the maternal grandmother who was sober. The mother explained that the day before, the paternal grandfather babysat X and he was intoxicated.

When she took back her son, he said having pain while pointing his buttocks. The mother changed the diaper and notice that X’s penis and anus were red. [ 7 ] The nurse examined X and according to her, it was not clear that X was a victim of sexual abuse, but it can’t be excluded. [ 8 ] The DYP worker takes this opportunity to interrogate the grandmother about her conjugal situation. The latter confirms that X saw her being assaulted by her boyfriend two days before. [ 9 ] The mother was met and informed about the potential sexual abuse.

She engaged herself to be vigilant and to make sure her son won’t be alone with the paternal grandfather. The father was also met and informed of the situation. He understands and also engaged himself to be vigilant. [ 10 ] The DYP made investigation and found that the grandfather has two criminal records of sexual assaults. The worker was also informed by the nurse that as the mother is frequently intoxicated, the child would be safer in the father presence. [ 11 ] On October 24, 2018, the mother called the DYP worker to let her know that the parents are separated since the beginning of October 2018.

According to her, the father does not want to take care of X, so she asked the paternal grandfather to babysit the child. She

added that the father consume cocaine. She still has alcohol consumption issues and plans to entrust X to her mother or to the paternal grandfather when she will consume. [ 12 ] On November 2, 2018, the DYP met with the parents. X was with the grandfather, and the DYP decided to take provisional measures.

During the following days, few unannounced visits were made and X was found with the maternal grandmother while the mother was consuming with friends, or with the paternal grandfather and other unreliable adults. [ 13 ] By the middle of November 2018, as the parents consume, the DYP ask the grandmother to take off the child. The father agreed, but the mother totally disagreed and yelled at the DYP worker. On November 21, the DYP took an immediate protective measure as the grandmother had to go to Montreal for surgery.

First the mother refused to suggest any other reliable person, but she finally asked the foster mother of her other daughter who accept to take care of X. [ 14 ] In December, after the provisional hearing, the mother was met and her situation was getting better. She had met with the Social Services and she was registered to entrust [treatment centre A] in January 2019, and she wanted to entrust a therapy in City A after. She also confirmed that the relation with the father is over.

The DYP worker offer her to have a visit with X before the therapy, and she was very happy. [ 15 ] According to the DYP, X seems to have developmental delay. It’s known that the mother had consumed alcohol during the pregnancy. X is not going to the daycare. Analysis [ 16 ] Even if the parents made improvement, and recognized the impact of their way of life on their child, their situation remains very fragile. The mother fully recognizes her personal issues and wants to address it.

The Court encourages her to do it as she has, as the father, good parental capacities when she is sober. [ 17 ] The parents need this time to take care of them, to finally be able to resume the care of their child. During that time, X has to grow up in a safe environment. [ 18 ] If the situation allows it, the Court wants X to be evaluated to know, as soon as possible, if he suffers from FASD to allow him to benefit from appropriate services. FOR THOSE REASONS, THE COURT: [ 19 ] GRANTS the application; [ 20 ] DECLARES that the security and development of the child X, born on [...], 2017, are endangered under

section 38 (

b) iii., 38 (

c) and 38 (d) (2) of the Youth Protection Act ; [ 21 ] ORDERS that the child be entrusted in a foster family, chosen by the institution operating a child and youth protection centre; [ 22 ] ORDERS that the child’s reintegration be authorized with the mother and/or the father’s care if the situation allows it, and under the strict condition that they have maintained, for a period of six months, their implication in the services needed to treat their drinking and personal problems; [ 23 ] ORDERS that the parents take an active

part in the application of the measures ordered by the Court and fully cooperate with the Director of Youth Protection; [ 24 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform her of the current situation; [ 25 ] ORDERS that the parents remain sober and refrain from all violent behaviour in the presence of the child; [ 26 ] ORDERS that the parents seek help through Social Services concerning their drinking and conjugal violence issues; [ 27 ] ORDERS that the Director of Youth Protection be authorized to access the information regarding the mother’s presence at her appointments with the professionals and her level of involvement in the services provided; [ 28 ] ORDERS the Director of Youth Protection to file the child’s birth certificate in the court’s record, as soon as possible; [ 29 ] Considering the consent of the father to work closely with the Director of Youth Protection, ORDERS that the father be evaluated by a psychologist; [ 30 ] STRONGLY RECOMMENDS to the mother to accept to be evaluated by a psychologist; [ 31 ] ORDERS that the contacts between the child and the parents be facilitated and the modalities, duration, frequency and degree of supervision are determined by the Director of Youth Protection; [ 32 ] ORDERS that an evaluation for developmental delay be performed for the child; [ 33 ] If he is too young to receive this evaluation, ORDERS that a letter from the doctor telling when it will be possible to evaluate it, be provided; [ 34 ] ORDERS that a psychological evaluation for a potential FASD be performed for the child;

[ 35 ] If he is too young to receive this evaluation, ORDERS that a letter from the psychologist telling when it will be possible to evaluate it, be provided; [ 36 ] ORDERS that the professionals, who will have to perform those evaluations for the child, receive a complete copy of his medical file, including the baby alert; [ 37 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the child, the parents and the foster family; [ 38 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 39 ] ORDERS the execution of the present judgment by any peace officer; [ 40 ] THE WHOLE until January 31, 2020. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Sarah Bourgeois-Lessard, attorney for the Director of Youth Protection Me Isabelle Martineau, attorney for the child Me Angèle Tommasel, attorney for the mother Me Ivan Lazarov, attorney for the father Date of hearing: January 17, 2019