2020 QCCQ 9974, 2020 QCCQ 9974

Protection de la jeunesse — 201470 2020 QCCQ 9974 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division » No: 640-41-002305-198 DATE: January 22, 2020 ______________________________________________________________________ BY THE HONOURABLE LUCIE GODIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , person duly authorized by the Director Youth Protection A.

APPLICANT and X, born on [...], 2009 CHILD and A MOTHER ______________________________________________________________________ JUDGMENT ( Sections 38 and 91 of the Youth Protection Act CQLR c. P-34.1 ) ______________________________________________________________________ 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 (The Director) submitted an application to the Court to have the security and development of the child declared to be in danger with respect to

section 38 b) (1) iii) of the Youth Protection Act . [ 2 ] The mother admits that the security and development of the child are endangered, but submits that her situation has improved. She wants her daughter to be entrusted to her. She does not agree with the recommendations of the Director who recommends that the child be entrusted to a foster family with various assistance measures including a follow-up by Social Services until July 12, 2020.

SECURITY AND DEVELOPMENT [ 3 ] The evidence reveals that since February 2015, the Director has been alerted numerous times concerning the situation of the child with respect to neglect and psychological ill-treatment. [ 4 ] The Director concluded that the facts were founded in all these situations, but that the security and development of the child were not compromised. [ 5 ] Finally, in March, the Director was alerted, under section 38 (1) iii) of the Youth Protection Act and on April 3, 2019, the child’s situation was reported again for neglect in terms of educational needs under the same section. [ 6 ] The evidence reveals that the mother has alcohol consumption issues and exposes her child to her problem. [ 7 ] The mother is incapable of responding to the child’s needs while intoxicated. [ 8 ] The mother was intoxicated every day for weeks when the Director intervened in the situation last spring. [ 9 ] The child reported to the Director not feeling safe at home. [ 10 ] The situation of the child is extremely fragile as the mother is psychologically unstable and has episodes of heavy drinking. [ 11 ] The child is young and tries to protect her mother [ 12 ] The mother has unresolved personal issues that lead her towards heavy drinking. [ 13 ] The child was afraid to go home. [ 14 ] The mother did not put strategies in place in order to protect her daughter.

[ 15 ] The child had to seek for a safe environment by herself. [ 16 ] The Court concludes that the security and development of the child are endangered under

section 38 b) (1) iii) of the Youth Protection Act . MEASURES: [ 17 ] The child is 11 years old. [ 18 ] She has developed a parental role towards her mother. [ 19 ] Considering the difficulties the family has been through and the personal issues of the mother, the child became a form of support for the mother and the family. She is also very protective of her mother. [ 20 ] The Director recommends a psychological assessment of the mother. [ 21 ] The undersigned has asked the mother her willingness and openness to go through such an assessment.

The mother is willing and gave her consent. [ 22 ] The child attends school, has friends, seems to have healthy relationships with adults, has a good behaviour and is always smiling and polite. [ 23 ] The mother has unresolved issues on a personal level and related to alcohol consumption, this for many years. [ 24 ] The mother has stated that she stopped drinking last October when she was arrested for the third time in a year. She hasn’t provided the Court with any evidence of it, but if this is her reality, the Court encourages her to continue in that direction.

The undersigned has expressed this recommendation to the mother at the hearing. [ 25 ] Given the age of the child, her needs, the Court concludes that the recommendations by the Director are in the best interest of the child. THEREFORE, THE COURT: [ 26 ] DECLARES that the security and development of the child are considered to be in danger under

section 38 b) (1) iii) of the Youth Protection Act ; [ 27 ] ORDERS that the child be entrusted to the foster family of her aunt, the foster family of B; [ 28 ] AUTHORIZES the reintegration of the child with the mother to the following conditions:

a) That the mother collaborate with the Director;

b) That the mother have regular contacts with her daughter;

c) That the mother collaborate with the Director in order to prepare a

schedule for the contacts with her daughter and that she respect those contacts;

d) That she refrain from any aggressive behaviour or threatening in front of her daughter; [ 29 ] ORDERS that the mother take an active

part in the application of any of the measures ordered by the Tribunal; [ 30 ] ORDERS that aid, counselling and assistance be provided to the child and her family; [ 31 ] ORDERS that the mother report in person, at regular intervals, to the Director to inform her of the current situation, accompanied by a Social Worker; [ 32 ] ORDERS that the Director take all the necessary steps in order to submit the child to a psychological assessment; [ 33 ] RECOMMENDS that the mother be submitted to a psychological assessment; [ 34 ] ORDERS that the contacts between the mother and the child be agreed upon by all parties and that the mother participate to the elaboration of a calendar of contacts that she will respect; [ 35 ] ORDERS that the mother remain sober in presence of her child; [ 36 ] THE WHOLE until July 12, 2020; [ 37 ] ENTRUSTS the situation of the child to the Director of Youth Protection A who shall see that the measures are carried out.

Signed in Town A on March _____ 2020 ________________________________ LUCIE GODIN, J.C.Q. Mtre. Karianne Asselin Cain Lamarre – Town B Attorney for the applicant Mtre. Laurence Migué Legal Aid Office – Town B Attorney for the adolescent Mtre. Alexander Grey (en remplacement de Mtre. Angèle Tommasel) Yves Ménard avocats inc. Attorney for the mother Date of hearing: January 22, 2020