2022 QCCQ 12082, 2022 QCCQ 12082

Protection de la jeunesse — 227118 2022 QCCQ 12082 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 640-41-002810-221 DATE: October 17, 2022 BY THE HONOURABLE NATHALIE SAMSON, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2021 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A Applicant and A Mother ______________________________________________________________________ JUDGMENT ( sections 38 and 75 , Youth Protection Act , CQLR., c.

P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified.

Every person who contravenes this provision commits an offence and is liable to a fine (ss. 9.2, 9.3 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection has applied to the Court to have the security and development of the child X declared to be in danger pursuant s. 38 (b)(1)(iii) of the Youth Protection Act [1] . [ 2 ] Consequently, the Director of Youth Protection asks for the Court to entrust the child to a foster family as well as order other measures to resolve the situation. [ 3 ] Counsel for the mother and the child admit that the security and development of the child are in danger.

The mother has consented to the measures suggested by the Director but asks that the child be returned to her as soon as the situation allows. [ 4 ] Counsel for the child told the Court that the measures are in the child’s best interest and that they meet her needs. [ 5 ] Everyone agrees that the maximum placement period has been reached. However, it is in the child’s best interest to extend it. [ 6 ] The rationale for this decision is below. [ 7 ] The mother was consuming alcohol on a frequent basis and exposed the child to her consumption issues, which led to police and Youth Protection issues.

A first voluntary measures were signed on August 17, 2021, to stay in effect until September 18, 2021, and the child was placed in foster care. A second agreement on voluntary measures was signed to be in effect until August 16, 2022, and the child remained in foster care. [ 8 ] The mother admits that she needs to stabilize her situation and that she has some work to do before her child can be returned to her. Her follow-up with Social Services is irregular. She wants to change her lifestyle, but her mobilization towards that goal is low and irregular.

She understands that she will have to take the necessary steps to improve her situation before the next court date in July 2023. She admits that, for now, she is not in a position to take care of her one-year-old child. [ 9 ] The mother has irregular contact with her child. In February 2022, after the child’s first sleepover in several months, the mother called the Director to shorten the visits. She explained that she asked the Director to leave with the child because she had no money and that her family did not want the child in the house anymore because she was crying.

At the hearing, counsel for the mother explained

that this was in the past and that it was no longer the case. During the same event, the child went back to the foster mother’s household with a burn on her left arm. Counsel for the mother explained that it was an accident. [ 10 ] After taking into consideration the documentary evidence, the testimony and the positions of the parties, the Court finds that the evidence is sufficient to declare that the security and development of the child are in danger and that the measures suggested meet her needs and are deemed to be in her best interest. FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the application under

section 38 of the Youth Protection Act [2] ; [ 12 ] DECLARES that the security and development of X, born on [...], 2021, are in danger under

section 38 (b)(1)(iii) of the Youth Protection Act ; [ 13 ] ORDERS that the child X be entrusted to a foster family chosen by the institution operating a child and youth protection centre; [ 14 ] AUTHORIZES the child to be gradually reintegrated to the care of her mother as soon as the situation allows; [ 15 ] ORDERS that contact between the child and the mother be determined by the Director as to the terms, frequency and degree of supervision; [ 16 ] ORDERS that the mother take an active

part in the application of any measures ordered by the Court; [ 17 ] ORDERS that the mother report in person, at regular intervals, to the Director to inform him of the current situation; [ 18 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family; [ 19 ] ORDERS the police to cooperate in the execution of this judgment; [ 20 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 21 ] THE WHOLE until July 31, 2023 . __________________________________ NATHALIE SAMSON, J.C.Q.

Mtre Adèle Cyr Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Elizabeth Pouliot Counsel for the child Mtre Cassandra Neptune Legal Aid Counsel for the mother Date of hearing: October 17, 2022