2019 QCCQ 15282, 2019 QCCQ 15282

Protection de la jeunesse — 1910414 2019 QCCQ 15282 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002306-196 DATE: August 6, 2019 (written judgment rendered on November 5, 2019) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2012 [SOCIAL WORKER 1], Youth Protection worker, duly authorized person by the Director of Youth Protection A, working in [...] Applicant and A, residing and domiciled at [...] 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 the development of the child X, born on [...], 2012, are endangered according to paragraphs (b) (1) iii. and (c) [1] of

section 38 of the Youth Protection Act . [ 2 ] The DYP asks to entrust the child to a foster family until June 30, 2020. Position of the parties [ 3 ] The mother is absent and not represented. She refused to travel to City A for the court hearing as she considers the court boring. Considering she was duly served, that it was offered to her to travel, which she refused, and considering the interest of the child, the Court proceeds in her absence. [ 4 ] X, who is 6 years old, is absent, but represented by Me Tommasel.

Me Tommasel recommends that the Court declare the security and development of the child endangered. For the measures, she insists on the importance to find a place for X where he has some links. History of the situation [ 5 ] Two provisional measures were rendered in this file. One on May 9, 2019, and one on June 5, 2019. In both situations, X was entrusted to a foster family. Facts [ 6 ] The evidence reveals that the mother always rejected X. She clearly expresses that she never loved him. She only loves her older son.

This older son has a declared father who is present in his life, like his paternal grandparents, which help the mother, who is easily overwhelmed, a lot. [ 7 ] X has no declared father, and the mother refuses to speak about that. [ 8 ] The mother displays an alcohol consumption issue, and can become very unstable when intoxicated. [ 9 ] The maternal grandmother always took care of X. Unfortunately, she became sick in April 2019 and had to be hospitalized in Montreal.

During that time, the situation of X was reported as the mother was unable to take care of him. [ 10 ] Met by the DYP worker, the mother was informed that her son should be placed. She was afraid of her mother’s reaction when she would find out that her grandson would be placed. [ 11 ] The DYP worker called the grandmother at the hospital. She told the DYP not to trust the mother to take care of X. She committed herself to look for someone reliable to take care of her grandson during that time, and found someone.

[ 12 ] In the beginning of May, the maternal grandfather passed away. [ 13 ] X had difficulty dealing with all those events. He was known to have a good behaviour, but with everything that happened in his life, he started to display aggressive behaviour at school. In his foster family, his behaviour is appropriate, but he misses his grandmother a lot. [ 14 ] The mother does not want to have access to her son. [ 15 ] For the DYP, the objective is to entrust him back under his grandmother’s care as soon as her health situation will allow for it.

For now, unfortunately, her medical situation remains unknown as she has not received a diagnosis yet. Her symptoms are a loss of memory, she is blind, and she has a lot of difficulty to move. [ 16 ] X was entrusted to a first foster family, but as the mother was disturbing this family, X had to be entrusted to Ms. B, a specialized foster family. [ 17 ] Me Tommasel suggests to the worker the name of two other persons who could foster X during her grandmother’s absence: Ms. C who works at school and Ms.

D, two people well known to X. [ 18 ] The DYP worker answered that it could be evaluated, specifying that X needs structure. FOR THOSE REASONS, THE COURT: [ 19 ] GRANTS the application; [ 20 ] DECLARES that the security and the development of the child XX, born on [...], 2012, are endangered according to paragraphs (b) (1) iii. and (

c) of

section 38 of the Youth Protection Act ; [ 21 ] ORDERS that the child be entrusted to a foster family with a reintegration with the maternal grandmother as soon as the situation allows it and ENTRUSTS him to her as foster family if she is accredited as such; [ 22 ] ORDERS that the mother take an active

part in the application 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 her of the current situation; [ 24 ] ORDERS that the child attend school on a daily basis; [ 25 ] ORDERS that the mother remain sober in the presence of the child and to ensure that the child is not in the presence of person consuming alcohol or any other intoxicating substance; [ 26 ] ORDERS that the mother remain without any violent behaviour in the presence of the child and ensure that the child do not witness any kind of violence; [ 27 ] RECOMMENDS that the mother seek help through Social Services regarding her personal issues; [ 28 ] ORDERS that the modalities, duration, frequency and degree of supervision of the contacts between the child and the mother be determined by the Director of Youth Protection; [ 29 ] ORDERS that the contacts in person between the child and his grandmother be as frequent as possible and ORDERS that contacts by phone or video calls with the grandmother be increased if the contact in person is not possible; [ 30 ] ORDERS that a person working for an institution or body, provide aid, counselling and assistance to the child, the mother, the grandmother and the foster family; [ 31 ] ORDERS the execution of the present judgment by any peace officer; [ 32 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 33 ] THE WHOLE until the end of June 2020. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Caroline Daniel, attorney for the Director of Youth Protection Me Angèle Tommasel, attorney for the child

Date of hearing: August 6, 2019