2020 QCCQ 8216, 2020 QCCQ 8216

Protection de la jeunesse — 202127 2020 QCCQ 8216 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] “Youth Division” No: 635-41- 001004-206 DATE: January 28, 2020 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2015 child and A B parents ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on January 28, 2020. [ 2 ] The Director of Youth Protection (the Director) alleges that the child’s security or development is endangered as a serious risk of neglect exists and of physical abuse.

The Director also alleges that the child is subjected to psychological ill-treatment. [ 3 ] Today, the Director recommends that the child remain placed in a foster family and that diverse support measures be ordered until September 30, 2020. [ 4 ] The mother wishes for the child to be reintegrated to her care as soon as possible. [ 5 ] The Director has been dispensed from notifying the father. [ 6 ] The child’s attorney agrees with the plan presented by the Director.

Questions in litigation [ 7 ] Is it possible to reintegrate the child to the mother’s care? [ 8 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 9 ] On February 8, 2018, the mother signed a first agreement on voluntary measures. In that document, she recognized that her daily drug consumption was limiting her parental abilities. At the time, the mother was not always ensuring that the child was properly supervised, leaving her alone at home or with unknown babysitters in Town B.

Support services were to be provided to the family. [ 10 ] On September 13, 2018, the mother signed a second set of agreement on voluntary measures, entrusting the child to a foster

family. In that document, she recognized that she was overwhelmed with the situation and that she had hit and yelled at the child. [ 11 ] On February 22, 2019, the mother signed a third set of agreement on voluntary measures, extending the child’s placement in a foster family. [ 12 ] The mother continues to present with drug consumption issues. She has not taken steps to correct and stabilize her personal situation.

She confirms that she still consumes marijuana but reports that her last alcohol consumption was during summer 2019. [ 13 ] In the past, the mother has used inappropriate disciplinary methods with the child and could not respond to her basic needs. She reports wanting to learn and to do better. [ 14 ] The mother’s collaboration to the social follow up has been irregular. She has not been visiting with the child on a consistent basis (she either forgot the visit or was not awake). During visits, she has difficulty respecting the imposed modalities. The mother has not been receptive to feedback from the educator.

During the visit, little interaction is observed between the mother and the child. [ 15 ] At this point, the mother does not consider her situation as problematic. She wishes to resume her daughter’s responsibility. Financially, the mother reports doing better as she has a job. The evidence shows that since December 2019, the mother only went to work for 5 or 6 days. [ 16 ] The father has not been involved in the child’s life. He has refused any involvement with the Director. [ 17 ] The child is thriving in the foster family of Mrs. C and Mr. D. The foster mother is the mother’s cousin.

The child started attending daycare in August 2019. She is doing well in this environment. [ 18 ] The child’s maximum period of placement stated by the Youth Protection Act will be reached on March 13, 2020. At this point, the foster parents remain ambivalent regarding their long-term commitment for the child. Considering this information, the child’s interest requires that the maximum period of placement be extended. In the event the foster parents were unable to commit, alternative options will have to be put in place.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 19 ] GRANTS the application for protection; [ 20 ] DECLARES that the child’s security or development is endangered ( sections 38 b) 2 and 38 e) 2 of the Youth Protection Act ); [ 21 ] ORDERS that the child be entrusted to a foster family; [ 22 ] RECOMMENDS that the child remain entrusted to the foster family of Mrs. C and Mr.

D; [ 23 ] ORDERS that the child continue to attend daycare; [ 24 ] ORDERS that the child and the mother continue to receive the services of an external educator for the period deemed necessary by the professionals; [ 25 ] ORDERS that the mother take an active

part in the application of the ordered measures; [ 26 ] ORDERS that the mother fully collaborate with the Director of Youth Protection and report, in person, at regular intervals to inform him of her current situation; [ 27 ] ORDERS that the mother remain sober in the child’s presence; [ 28 ] ORDERS that the mother refrain from any kind of violence in the child’s presence; [ 29 ] RECOMMENDS that the mother seek help through the Social Services or another resource deemed appropriate concerning her substance abuse and personal issues; [ 30 ] AUTHORIZES the Director of Youth Protection to access the information regarding the mother’s presence at appointments with professionals and her level of involvement with the services provided; [ 31 ] ORDERS that contacts between the mother and the child be determined by the Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 32 ] SUSPENDS the contacts between the child and her father; [ 33 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the child and her family; [ 34 ] THE WHOLE until September 30, 2020; [ 35 ] ENTRUSTS the situation of X to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out; [ 36 ] ORDERS the execution of the present court order by any peace officer;

___________________________________ François Ste-Marie, J.C.Q. Written and signed on February 13, 2020 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Kelly Ann Sinnett Counsel for the child Mtre Angele Tommasel Counsel for the mother Date of hearing: January 28, 2020