2018 QCCQ 13914, 2018 QCCQ 13914

Protection de la jeunesse — 195595 2018 QCCQ 13914 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002213-186 DATE: November 20, 2018 (written judgment rendered on April 12, 2019) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2016 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A, residing and domiciled at [...] Mother and B, residing and domiciled in [...] Interested party ______________________________________________________________________ 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 [...], 2016, are in danger under

section 38 (e) (2) [1] of the Youth Protection Act . [ 2 ] The DYP recommends the Court to entrust the child under the interested party’s care. [ 3 ] The mother is present and represented by Me Léonard. She admitted all the allegations, and she agrees with the recommendations. [ 4 ] The child is absent, but represented by Me Neptune. After hearing the evidence, his lawyer submits to the Court that the situation of the child is in danger according to the law and invites the Court to grant the recommended measures. [ 5 ] The maternal grandmother was declared as an interested party at the emergency hearing.

She also admits all the alleged facts and she agrees to take care of her grandson. Facts [ 6 ] X is 2 years old. On May 23, 2017, the mother admits physical abuse on her son and being overwhelmed. [ 7 ] Since that date, the child is entrusted to his grandmother and he is doing very well. The maternal grandparents already take care of the oldest brother of X since they traditionally adopted him. [ 8 ] A first voluntary measure was signed and applicable from July 4, 2017, to January 5, 2018. [ 9 ] The mother has a history of alcohol consumption.

She is actually pregnant and she declares to be sober since the beginning of the pregnancy. [ 10 ] In October 2017, another report for physical abuses from the mother was received. [ 11 ] On July 11, 2018, the mother signed another voluntary measure to maintain her child under the grandmother’s care. [ 12 ] As it’s admitted by the mother, she is depressive and could become overwhelmed when she has to take care of the child and she leaves the house leaving the child alone.

She admits not being able to assume her parental capacities alone and not having taken steps to seek help regarding her mental health issues since the beginning of the DYP intervention. [ 13 ] The Court questioned the DYP worker about the follow-up done in this file, because the Court was surprised to see that no

voluntary measure was applicable between January 5, 2018, and July 10, 2018. The DYP worker explains that as the grandmother works at the DYP's office, the City A DYP transferred the follow-up to the City B DYP. The follow-up was very difficult because it was done over the phone and the grandmother was feeling as not being supported. For this reason, the file went back on the City A, but in another village to avoid conflict of interest. The follow-up was not better and the file was forgotten. In July 2018, when they realized that the voluntary measure was finished for six months, they signed a new one.

Analysis [ 14 ] X has the chance to have very loving and caring grandparents. As the grandmother works, the grandfather took a parental leave to be at home with him. He is in such a good environment that he tends to be forgotten as the voluntary measures. [ 15 ] The Court reminds to the DYP the importance to make sure that voluntary measure or Court order be applicable when they concluded that the security and development of a child are in danger.

In this case, we speak about a very young child about whom three reports of physical abuses were received and retained. [ 16 ] During the period non-covered by voluntary measure, the child was living with the grandparents under an implied consent from the mother and she could take back her son anytime she wants.

Considering her mood, the fact that she is easily overwhelmed and she does not receive services, the consequence for the child could have been very serious. [ 17 ] Even if the child is well taken care at the grandparents’, as all other foster families, they have the right to receive help and to be supported in their involvement. [ 18 ] The mother also needs help and as she clearly indicates that she wants to be assessed by a psychologist, the Court will order it. The DYP worker indicated that this evaluation will be made in December 2018.

FOR THOSE REASONS, THE COURT: [ 19 ] GRANTS the application; [ 20 ] DECLARES that the security and development of the child X, born on [...], 2016, are in danger under

section 38 (e) (2) of the Youth Protection Act ; [ 21 ] ORDERS that the child be entrusted to Ms. B, as a foster family, if she is accredited as such; [ 22 ] ORDERS that the mother take an active

part in the application of any of the measures ordered by the Court; [ 23 ] ORDERS the mother to accept the aid and counselling of her mother, Ms.

B; [ 24 ] Considering the mother’s consent, ORDERS that a psychological evaluation of the mother be performed and that the evaluation be explained to her; [ 25 ] ENCOURAGES the mother to apply the recommendations set out by the psychologist; [ 26 ] ORDERS that the mother remain sober in the presence of the child; [ 27 ] ORDERS that the mother remain without any violent behaviour in the presence of the child; [ 28 ] ORDERS that the contacts between the child and the mother be facilitated and supervised by the Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 29 ] ORDERS that Ms.

B be involved in the organization of the access if she is still willing to do so; [ 30 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the child, the mother and the grandparents; [ 31 ] RECOMMENDS that the mother seek help through the Social Services, women shelter or any other organization, concerning her personal issues; [ 32 ] ORDERS the clerk of the Court of Quebec to notify the present decision to the Commission des Droits de la Personne et de la Jeunesse; [ 33 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 34 ] ORDERS the execution of the present judgment by any peace officer; [ 35 ] THE WHOLE until November 30, 2019. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Sarah Bourgeois-Lessard, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Me Marianne Léonard, attorney for the mother Date of hearing: November 20, 2018