2020 QCCQ 14518, 2020 QCCQ 14518

Protection de la jeunesse — 2010144 2020 QCCQ 14518 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 614-41-000651-200 DATE: December 9, 2020 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A of Health and Social Services A Applicant and X (Born on [...], 2013) Child and A Mother _____________________________________________________________________ JUDGMENT (Sections 38 and 91 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 submits an application asking the Court to declare that the security and the development of X, seven years old, are endangered because of lack of supervision (section 38 b) 1 (iii) of the Youth Protection Act) . [ 2 ] The mother, present, is represented by Mtre. Marie-Josée Ayoub. Mtre. Yan Massé acts on behalf of the child and Mtre.

Magdalena Lempicka on behalf of the applicant. [ 3 ] The mother made numerous admissions from which the Court must conclude that the security and development of the child are endangered. [ 4 ] The child was born with Down syndrome and therefore has special needs especially regarding supervision. [ 5 ] Mother and daughter are currently living in Town A in a two-bedroom apartment with another adult and three other children. [ 6 ] The mother admits having mental health issues and adds that, for the time being, she is doing well. She was diagnosed with a borderline personality disorder, chronic pain and anxiety.

She has to take medications to stabilize her mood and to decrease anxiety. She sometimes has suicidal thoughts and a lot of anger inside her and she becomes overwhelmed by it. She is followed by Dr. Harvey, and has great confidence in this professional. [ 7 ] She has a medication to take and has been told that she should not mix alcohol with it. She says that alcohol consumption decreases the pressure she feels. [ 8 ] On August 17, 2020, the police was contacted as X was found wandering alone on the streets of Town B where they were living at that time. The mother was at home but asleep.

The child was entrusted back to her. [ 9 ] On October 29, 2020, the situation of the child was again reported because she was missing. The mother was unaware of the child’s whereabouts and was looking for her in panic. The child went missing while under her supervision. She was finally found at the Elementary School. The Director of Youth Protection chose to apply protective measures and she was placed with a maternal aunt. [ 10 ] The situation of the child was reported again because the mother took away the child from the maternal aunt.

As a result, the Director intervened again and the child was removed from the mother’s custody. To do so, police assistance was required as the mother was not collaborating at all with the workers. [ 11 ] The mother refused to provide the Youth Protection Workers with a winter coat and boots for the child.

[ 12 ] The mother was completely disorganized screaming at the police and the Youth Protection Workers despite the presence of the child. The child had to be taken out wrapped in a blanket. [ 13 ] The mother does not collaborate at all with the Director of Youth Protection. [ 14 ] The mother posts information concerning her child’s situation and the DYP on Facebook. [ 15 ] From the testimony of the mother, it is clear she deeply loves her daughter.

At times, she needs help and she is bitter because, in the past, even though she asked, she feels never got helped. [ 16 ] She recounts an event when she asked the entire community in a general assembly in Eastmain to receive help but no one responded.

She moved to Town A hoping that it would be easier to receive help. [ 17 ] Ironically, she states today that she does not want the help of the Director of the Youth Protection as if in reaction to the past. [ 18 ] It is clear that daughter and mother need help. [ 19 ] For instance, even though the child is of school age, the mother is still waiting for the school authority to enroll her daughter and give her services. The mother is not sure if she will continue to live in Town A.

She is contemplating maybe to move to Town C in order to have more services. [ 20 ] The Court cannot close the file as asked by the mother. The child needs protection, adapted services and to be enrolled in a school. Despite the efforts made by the mother, the services are not in place for the child. [ 21 ] The mother will have to decide where she would like to stay in order that a plan can be established to answer the needs of X. [ 22 ] The Social Worker will have to help the mother to seek professional help for X.

It is what assistance means when the Court orders aid, counselling and assistance. [ 23 ] The recommendations made by the Social Worker are, of the opinion of the child’s lawyer, in the best interest of X. [ 24 ] The Court shares this opinion. FOR THESE MOTIVES, THE COURT: [ 25 ] GRANTS the application; [ 26 ] DECLARES that the security and the development of X born on [...], 2013, are endangered pursuant to

section 38 b) 1 (iii) of the Youth Protection Act ; [ 27 ] ORDERS that the child be entrusted to the mother; [ 28 ] STRONGLY RECOMMENDS that the mother continue to seek help for herself ; [ 29 ] STRONGLY RECOMMENDS that the school authority take all the necessary steps in order to have the child attending school on a regular basis and to provide her with a special program that will answer her needs, as soon as possible ; [ 30 ] ORDERS the mother to report herself to the Director of Youth Protection once every two weeks in order to inform the Social Worker of the measures taken for her child and the evolution of the situation; [ 31 ] ORDERS that aid, counselling and assistance be provided to X and her mother for a period of 6 months ; [ 32 ] AUTHORIZES the Director of Youth Protection to share and obtain information with any other service providers working with the child; [ 33 ] STRONGLY RECOMMENDS the mother refrain from consuming alcohol given the fact that it interferes with her medications; [ 34 ] ORDERS that respite be offered to the mother as required by this one; [ 35 ] ORDERS the mother to promptly inform the Director of Youth Protection of any change of address; [ 36 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q .

Mtre. Magdalena Lempicka Ferreira Lempicka attorneys Attorney for the applicant Mtre. Yan Massé Centre Communautaire Juridique A Attorney for the child Mtre. Marie-Josée Ayoub Ayoub Avocats Inc Attorney for the mother Date of hearing: December 9, 2020