2019 QCCQ 15205, 2019 QCCQ 15205

Protection de la jeunesse — 1910357 2019 QCCQ 15205 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000791-175 DATE: January 16, 2019 (written judgment rendered on August 27, 2019) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2015 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A, residing and domiciled at [...], in [...] Mother ______________________________________________________________________ JUDGMENT (Section 95 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 revise a decision rendered on July 26, 2018, regarding the child X, born on [...], 2015. At that date the Court declared the security and development still in danger and entrusted the child to a foster family until January 16, 2019. [ 2 ] The DYP submits that the situation does not allow to return the child to her mother and asks that the child be entrusted to Ms.

B until she reaches the age of majority. [ 3 ] The mother is present and represented by Me Lazarov. She admits most of the allegations and even if it’s not an easy decision to make for her today, she knows it is the best solution, so she agrees with the recommendations. [ 4 ] X who is 3 years old is absent, but represented by Me Martineau. The child’s lawyer submits to the Court that as the mother consent to the placement until the majority, she agrees with the recommendations. Historical situation [ 5 ] On July 19, 2017 , the situation of X was submitted to the Court. She was 22 months old.

The mother displayed alcohol and drugs addiction issues. The police had to intervene multiple times with her as she was intoxicated. The evidence also revealed that the mother drank alcohol regularly during her pregnancy. The mother had difficulty to offer a proper supervision to her daughter and also had financial difficulty.

The Court declares the security and development in danger [1] and entrusts the child to a foster family for one year, with contacts between the child and the mother to be supervised by an external educator at least for a period of three months. [ 6 ] In June 2018 , the placement was prolonged under provisional measures. [ 7 ] On September 4, 2018 , the Court revised the situation and homologated a draft agreement. The mother recognized that her situation remained the same and that she refused the help offered to address her issues. She admitted not being able to have her daughter back under her care.

The Court entrusted the child to a foster family until January 16, 2019. Facts [ 8 ] X is entrusted to Ms. B since February 14, 2018 (11 months). She is doing very well there. The mother admits that Ms. B is taking good care of her daughter. [ 9 ] The beginning of the placement was difficult as X had night terrors. With the stability provided at Ms. B’s place, those night terrors reduced a lot. [ 10 ] X received a follow-up with a physiotherapist for her muscles and due to those services, her muscles are stronger and she does not need it anymore.

[ 11 ] The mother admits that she is still struggling with alcohol consumption issues.

Since the last hearing, the police had to intervene again with her while she was intoxicated. [ 12 ] Last September, the mother started a follow-up with an addiction counsellor, but she stopped two months later. [ 13 ] The police force also had to intervene three times with the mother for suicidal ideation between October and November 2018. [ 14 ] She also admits that her collaboration with the DYP is irregular and not being able to take care of her daughter. [ 15 ] The mother is diagnosed with a complex trauma disorder dissociative state which is the same family as a post-traumatic stress disorder.

This disorder has for sure an impact on her capacity to take care of her and to take care of her daughter on a long term basis. [ 16 ] That being said, the mother benefit from contacts twice a week with her daughter and except some missed contacts, the visits are going well and no more supervision is needed. Analysis [ 17 ] The situation is obvious, and the mother recognized it, that her personal situation does not permit to return X under her care. [ 18 ] X had the chance to be fostered by a loving and caring family where she is developing very well. X is creating strong bonds.

The maximum delay of placement is reached and X deserves to be stabilized in her actual environment. FOR THOSE REASONS, THE COURT: [ 19 ] GRANTS the application; [ 20 ] DECLARES that the security and development of the child X, born on [...], 2015, are still in danger; [ 21 ] ORDERS that the child be entrusted to Ms. B until she reaches the age of majority; [ 22 ] ORDERS that the mother take an active

part in the application of any of the measures ordered by the Court; [ 23 ] ORDERS that the mother report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 24 ] ORDERS that the mother remain sober in the presence of the child; [ 25 ] STRONGLY RECOMMENDS that the mother seek help through the Social Services concerning her alcohol and personal issues; [ 26 ] ORDERS that the contacts between the child and the mother be encouraged, facilitated and determined by the Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 27 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the child, the mother and the foster family; [ 28 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 29 ] ORDERS the police to collaborate to the execution of the enactment; [ 30 ] THE WHOLE until September 4, 2036. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Geneviève Apollon, attorney for the Director of Youth Protection Me Isabelle Martineau, attorney for the child Me Ivan Lazarov, attorney for the mother Date of hearing: January 16, 2019