2020 QCCQ 12755, 2020 QCCQ 12755

Protection de la jeunesse — 209324 2020 QCCQ 12755 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 635-41-001003-208 DATE: March 17, 2020 (written judgment rendered on May 19, 2020) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2019 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A, district A (Quebec) Applicant and A, residing and domiciled at […] in Town A , district A (Quebec) Mother and B, presently detained at the Detention Center in Town B, district A (Quebec) 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 that the security and development of the child X, born on [...], 2019, are endangered under

section 38 (b) (2) and (e) (2) [1] of the Youth Protection Act . [ 2 ] The DYP asks to entrust the child to a foster family until March 31, 2021. Position of the parties [ 3 ] The parents are present and represented by Me Ève Laoun. They challenge the application for protection and if the Court concludes to a situation of endangerment, they ask that their child be entrusted back under their care. [ 4 ] The child X, who will turn 4 months old soon, is absent, but represented by Me Kelly Ann Sinnett.

On her client’s behalf, Me Sinnett submits to the Court that the child’s security and development should be declared endangered, suggests that the placement to a foster family should be for a period of nine months and recommends being careful before making any change of foster family with such a young child. Facts [ 5 ] The mother is known from the DYP as her five previous children were removed from her care because of her alcohol consumption and conjugal violence issues. The mother was in relationship with the father of her older children for 23 years. They lived in the village of Town C.

The mother does not have frequent contact with her older children. Her ex-spouse passed away two years ago. [ 6 ] The father also has other children from five previous unions, but does not have the custody neither and does not have a lot of contacts with them. [ 7 ] Both parents were raised in an environment where there was alcohol consumption and conjugal violence.

Both also lived the separation of their respective parents and the maternal grandfather passed away one year ago. [ 8 ] The parents met in Town A and live together from November 2018. [ 9 ] Between February 2019 and November 2019, the police received eight reports regarding the father. Most of the time, he was intoxicated by alcohol. [ 10 ] Both parents have an important criminal history which includes lots of infractions involving alcohol consumption and infractions with violence.

[ 11 ] On January 3, 2020, the mother was found unconscious and highly intoxicated lied down in the snow with X in her [parka]. The mother had blood on the face, was arrested and detained by the police for assault causing bodily harm, but released shortly after as the victim did not press charge. [ 12 ] The same day, an immediate protective measure was taken and X was entrusted to a foster family. A provisional order was rendered and X was maintained in foster care. [ 13 ] The mother was met and she admitted she had consumed a lot during the night of the event.

According to her, it was the first time she passed out and was very sad about the situation. She admits consuming once a week, but is able to control her consumption except on January 3. She also said feeling depressed and she did not eat for one week. She is consuming more since her baby was removed from her care. [ 14 ] The mother had been homeless, but since recently she has three different address and in February she gave another one. Doing so, she always has a roof, but it remained very unstable.

She applies for her own apartment and her name was placed on a waiting list. [ 15 ] The father was met in detention and informed of the placement. He was not aware of the event of January 3. The father only had one contact with his daughter as he was detained one week after her birth. He recognized being frequently incarcerated since 1999, but did not recognize any alcohol or anger management issue. He would like to be more involved in his children's lives and has no concerns if his daughter stays with her mother.

If a placement is needed, he would like that she could be maintained with extended family members. [ 16 ] On January 16, 2020, the police intervened with the mother after she posted on Facebook that she wanted to kill herself. The police officer arrived at the house and found the mother in the bathroom, heavily intoxicated and smoking marijuana. The persons present was also concerned by the mother’s suicidal ideation. [ 17 ] Since January 3, 2020, visits with the parents were organized. The parents missed a lot of contacts or arrived late, but when they were present, they were very appropriate with the child.

When the mother cannot be present because she is too in-toxicated or too much hangover, she calls the DYP worker to inform about her absence. [ 18 ] The parents suggest the name of relatives to foster the child, but after evaluation no one responded to the criteria to become a foster family. [ 19 ] X is healthy and good-tempered. The mother confirmed that she consumed during the pregnancy around 12 beers a week, tobacco and marijuana on a daily basis. X is at risk for Fetal Alcohol Syndrome Disorder.

The nurses and the medical files confirm that information. [ 20 ] The DYP worker indicated that the mother has very good parental capacities when she is sober, but become totally unavailable when she consumes and she does not recognize her consumption as an issue. She put her daughter at risk of injuries or death on January 3 and, for now, does not have a stable place to stay. That being said, her collaboration with the service was very good during the assessment. [ 21 ] The father also collaborated very well.

He was also very adequate with his daughter during his visit with her, but considering his detention, no more visits could be organized and the DYP worker did not have enough time, in only one visit, to assess his parental capacity. His personal issues such as alcohol consumption, which he does not recognize, prevent him from taking care of his daughter. Indeed, the DYP worker request that he address his issues before thinking about being involved in his daughter’s life. [ 22 ] The parents suggest that the paternal grandmother could foster the child. The father is living there since he is released from detention.

The grandmother works mostly during the weekend, but also sometimes during the evening. She plans to have her retirement soon. The DYP is open to assess the paternal grandmother as a foster family and confirms that only few days are needed to process with this evaluation. The DYP worker also spoke with the grandmother about this possibility and made sure that she understands well what will be expected from her regarding the supervision of the contacts with the parents. Moreover, the grandmother was a foster family until the last year when she decided to stop.

Doing so, the DYP just has to check the last year. [ 23 ] The placement under the grandmother care would permit to increase the parents’ visits as it would be supervised by the grandmother. [ 24 ] For now, X is fostered in a family in the community. If no solution is founded, the DYP plans to maintain the child in her actual foster family. [ 25 ] The father confirms that he drinks once or twice a week, but never at his mother’s place as she does not tolerate alcohol in her house.

If he was detained recently, it is because his mother called the police to inform them about his breach of condition regarding alcohol consumption. He also precise that, if his mother should leave the house, his sister will come to take care of X. [ 26 ] The grandmother came to testify and confirmed the plan described by her son. She agrees to foster her granddaughter, and consents to be assessed by the DYP. Analysis [ 27 ] The Court agrees with the position and declares that the security and development of the child are endangered because she is at risk to be the victim of physical abuses.

Indeed, while her mother was intoxicated on January 3, 2020, the baby was in her [parka], she could die by suffocation, or by hypothermia. Moreover, before the mother was found unconscious in the snow bank, she fought with another person, was injured and X was already in the [parka] and could have been injured also. [ 28 ] The security and development of the child are also endangered as she is at risk to be the victim of serious neglect. The parents

have alcohol consumption issues as their prior convictions indicate, they do not recognize these issues and when they are intoxicated it is obvious that they are not physically and emotionally available to take care of such a young child. [ 29 ] X’s vulnerability is very high considering her age and she absolutely needs the care of adults towards her to receive answers to her basic needs. [ 30 ] For her safety, the child has to be entrusted to a foster family, but the grand-mother is a serious option and it is the right of the child to be maintained in a family environment when the parents are not able to assume their parental responsibilities. [ 31 ] The grandmother was an accredited foster family until last year.

The DYP is open to reassess her and she has a solution to offer to insure her granddaughter’s safety when she had to leave. The family members should be considered as often as possible, so the Court will order that the grandmother be assessed immediately as the DYP worker confirmed it is feasible. FOR THOSE REASONS, THE COURT: [ 32 ] GRANTS the application; [ 33 ] DECLARES that the security and development of the child X, born on [...], 2019, are in danger under

section 38 (b) (2) (on the part of both parents) and (e) (2) (on the part of the mother) of the Youth Protection Act ; [ 34 ] ORDERS the Director of Youth Protection to file the child’s birth certificate in the Court file; [ 35 ] ENTRUSTS the child to a foster family with progressive reintegration with her parents as soon as the situation allows it; [ 36 ] Considering the position of the Director of Youth Protection, ORDERS that the paternal grandmother be evaluated as a foster family immediately; [ 37 ] If the grandmother is accredited as a foster family, ORDERS that the child be entrusted to her; [ 38 ] ORDERS that a reliable adult authorized by the Director of Youth Protection be present at home to babysit the child when the grandmother works; [ 39 ] ORDERS that the rules regarding the supervision of the access between the parents and the child be clearly explained to the grandmother; [ 40 ] ORDERS that the frequency, modality and degree of supervision of the contacts between the child and the parents are supervised by the Director of Youth protection; [ 41 ] ORDERS that the contacts between the child and her parents be set up upon an agreement to be established between the parties, at a minimum of two visits per week for a period of three hours.

AUTHORIZES that the contacts be increased if the child is entrusted to her grandmother; [ 42 ] ORDERS that the parents take an active

part in the application of the measures ordered by the Court; [ 43 ] RECOMMENDS the mother to participate to a substance abuse evaluation and to follow all the recommendations of the professional; [ 44 ] AUTHORIZES the exchange of information between the professional and the Director of Youth Protection regarding the attendance and the progress of the parents in the different services, all the other information being covered by client privilege; [ 45 ] ORDERS the parents to remain sober and without any violent behaviour in the presence of the child. [ 46 ] ORDERS the parents to collaborate with the Director of Youth Protection; [ 47 ] RECOMMENDS that the father take the necessary steps to address his alcohol, drug or substance abuse problem; [ 48 ] ORDERS that the parents report in person to the Director of Youth Protection on the measures they apply in their own regards and in their child’s regards to put an end to the situation in which the child is endangered; [ 49 ] ORDERS that a person working for an institution or body, provide aid, counselling and assistance to the child and her family; [ 50 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out; [ 51 ] The whole until March 31, 2021. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Geneviève Apollon, attorney for the Director of Youth Protection Me Kelly Ann Sinnet, attorney for the child Me Ève Laoun, attorney for the parents Date of hearing: March 17, 2020