2021 QCCQ 17301, 2021 QCCQ 17301

Protection de la jeunesse — 2110074 2021 QCCQ 17301 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002688-213 DATE: January 12, 2021 (written judgment rendered on April 7, 2022) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2021 [SOCIAL WORKER 1] & [SOCIAL WORKER 2], Youth Protection workers, duly authorized by the Director of Youth Protection A Applicants and A Mother ______________________________________________________________________ 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 [...], 2021, are endangered under paragraph (a) [1] of

section 38 of the Youth Protection Act . [ 2 ] The DYP asks to entrust the child to a foster family until August 31, 2022 . Position of the Parties [ 3 ] The mother is absent, but represented by Me Angèle Tommasel. She recognizes that the security and development of her child are endangered and she agrees with the measures, but asks for a reintegration. [ 4 ] The child who is 8 months old is absent, but represented by Me Cassandra Neptune. After hearing the evidence, Me Neptune submits that the child’s situation should be declared endangered and that the recommended measures are in his best interest.

Facts [ 5 ] The mother gave the child for traditional adoption to Ms. B and Mr. C, but the documents were never completed. Despite that, the child was taken care by the couple since his birth. [ 6 ] In May 2021, his situation was reported due to substance abuse of the caregivers. The adoptive mother, while intoxicated was fighting with her sister also intoxicated. The baby was in Ms. B’s amautik. Mr. C was sober and able to care for the child. As the adoptive mother was living at her sister’s place, she was not allowed anymore to go there and had to move to Mr.

C’s place. [ 7 ] On beginning of June, many unannounced visits were made and each time the adoptive parents were intoxicated or in presence of many intoxicated persons. The adoptive mother also became aggressive towards the DYP worker, and the police intervention was needed. She made threats to kill her and also had to be hospitalized for suicidal attempt in the presence of the social worker. [ 8 ] On June 7, the adoptive mother gave her consent for a placement under provisional agreement.

A few days later, the DYP was made aware by the Civil Status Register that the traditional adoption was not completed yet and that the mother of the child was Ms. A living in Town A. [ 9 ] The mother was contacted and she offered to have the child for one month. After verification, this was not authorized considering the past of neglect of Ms. A towards her older children. The mother understood and signed the provisional agreement for the child to be entrusted to a foster family. [ 10 ] On June 10, 2021, Ms. B confirmed that she still want to complete the traditional adoption process, but she refused that Mr.

C adopt the child with her. She refused to tell why. Six days later, Mr. C committed suicide. [ 11 ] During the same period, the child had health issues and required to be hospitalized for dehydration and diarrhea. The mother

was difficult to be reached to consent to the medical services, but when she was, she consented. She did also when the child had to be hospitalized again. [ 12 ] Ms. B did not complete the traditional adoption forms despite the fact that she repeated each time that she wanted to do so. She did not visit the child since the beginning of his placement, nor did the mother. [ 13 ] Until July 6, the mother was still willing to give her child through traditional adoption and communicated many times with Ms. B to make sure she would file the form.

But around July 19, the mother became ambivalent about her intention towards the child and start to think about having him back. She was warned to the fact that the child does not know her and that she has unresolved neglect issues. [ 14 ] As mentioned the mother’s older children were entrusted to foster family because of neglect in terms of supervision. Indeed, she left her children alone, she did not visit them and she did not ask for medical help when needed.

But according to the DYP worker responsible for those children follow-up, the mother improved her situation, gained stability and is no more involved in risky or toxic relationship. [ 15 ] Since July, the DYP worker tried to maintain contact with the biological mother. Even if she mentioned her interest to take steps to have the child back under her care, she is very difficult to reach and never called the DYP worker to organize contacts with him. In November, she was finally reached and she mentioned being ambivalent regarding her intention about the child.

The last contact between the mother and the child was on July 22, 2021. [ 16 ] The DYP made steps to find a foster family. No one was available in Town B. 2 foster families were found in the South, one in [Region A] and one in [Region B]. For now the child is entrusted to the Specialized Foster Family. [ 17 ] On September 28, 2021, the adoptive mother, Ms. B, committed suicide. [ 18 ] The child’s health continues to raise some concerns. He was indeed hospitalized again in August, in September and in October 2021.

He presents development delays and he receives occupational therapist and physiotherapist follow-ups. [ 19 ] The mother is aware of the child’s health concerns, but she never calls the DYP worker to have news and to know more about the situation. Also, despite being always absent at the Court hearing, she never called to know about the Court decision. Analysis [ 20 ] The mother recognized the situation of endangerment.

She had planned to have her child adopted, but unfortunately the potential adoptive family was not reliable but, moreover, both the adoptive parents are decease. [ 21 ] Despite being aware of the serious concerns raised by the adoptive parents’ way of life and despite their death, the mother never took steps to have her child back or to find a solution to ensure his safety. She let the DYP taken care of him. [ 22 ] The mother obviously abandon her child which endangered his situation. [ 23 ] The measures requested are in the child’s best interest. He is very young, with health issues and he is very vulnerable.

He deserves to be taken care by reliable person capable of providing him with stability. [ 24 ] The mother sometimes mentioned her interest to have the child back, but never took steps. Also, she was always absent at the Court hearing. The DYP does not see any possibility of reintegration without a very drastic change. For that reason, the Court will impose that a life plan be prepared. [ 25 ] The child is in foster care since June 4, 2021, and by the end of the current measures, the delay will have been reached.

FOR THOSE REASONS, THE COURT: [ 26 ] GRANTS the application; [ 27 ] DECLARES that the security and development of the child X, born on [...], 2021, are endangered under paragraph (

a) of

section 38 of the Youth Protection Act ; [ 28 ] ORDERS that the child be entrusted to a foster family, chosen by the institution operating a child and youth protection centre; [ 29 ] ORDERS that the modalities, the frequency, and the degree of supervision of the contacts between the child and the mother, be determined by the Director of Youth Protection; [ 30 ] ORDERS that the child receive health services required by his situation, namely a medical follow-up; [ 31 ] ORDERS that the mother take an active

part in the application of the measures ordered by the Court; [ 32 ] ORDERS that the mother report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 33 ] ORDERS that a person working for an institution or a body, provide aid, counselling and assistance to the child and the mother; [ 34 ] ORDERS that the parental attributes be removed from the mother and given to the Director of Youth Protection;

[ 35 ] ORDERS the Director of Youth Protection to prepare a life plan for the child; [ 36 ] ENTRUSTS the situation of the child X, to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 37 ] THE WHOLE until August 31, 2022. __________________________________ PEGGY WAROLIN , J.C.Q. Me Adèle Cyr, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Me Angèle Tommasel, attorney for the mother Date of hearing: January 12, 2021