2021 QCCQ 15243, 2021 QCCQ 15243

Protection de la jeunesse — 218789 2021 QCCQ 15243 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 640-41-002621-214 DATE: August 9, 2021 (written judgment rendered on October 27, 2021) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2020 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C, working in Town A, district A (Quebec) Applicant and A, residing and domiciled at House 1 in Town A, district A (Quebec) 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 review and prolong a decision rendered on May 13, 2021, regarding the child X, born on [...], 2020.

At that date the Court declared the security and development endangered and entrusted the child to his mother at the exclusion of the father, with aid counsel and assistance until May 11, 2022. [ 2 ] The DYP submits that the situation does not allow to maintain the child under his mother’s care and that a placement in foster family is necessary. Position of the parties [ 3 ] The mother is present and represented by Me Cassandra Neptune.

She recognizes that the security and development of her child are still endangered and she agrees with the measures. [ 4 ] The child is absent, but represented by Me Angèle Tommasel. On her client’s behalf and after hearing the evidence, Me Tommasel submits that the situation of the child remained endangered and that the suggested measures are in his best interest. History of the Situation [ 5 ] On May 13, 2021 , the Court was seized with an application for protection. The child was 8 months old. The mother and Mr. B displayed alcohol consumption and conjugal violence issues.

The mother suffered from a post-partum depression and had medication. The mother said that she and the baby were regularly victims of violence from Mr. B. The mother and Mr. B got separated in January 2021. The mother lived at the maternal grandmother’s place and benefitted from a lot of support. The Court declared that the situation of the child was endangered [1] and maintain him with the mother to the exclusion of Mr. B.

The Court also ordered that the child attend a daycare service with various services, the whole until May 11, 2022. [ 6 ] On June 21, 2021 , the Court entrusted the child to a foster family on provisional measures. Facts [ 7 ] Around 2 weeks after the last decision, it had been necessary to entrust the child to a foster family. Indeed, the mother showed up at the DYP office on June 4, 2021, and expressing that she did not want to take care of the child anymore. She was crying and begged the DYP worker to take the child. She expressed being overwhelmed and not being able to provide for the child.

She also mentioned that she could harm the child. [ 8 ] Between June 4 and June 27, 2021, the child went through 4 different placements as the DYP had difficulty to find a stable place. On June 27, he travelled to Town B and was entrusted to the specialized foster family, his fifth placement since the beginning of June. Considering his important need to be reinsured and to receive a lot of attention, he had to be moved again in another foster family where there are no other young children for him to receive as much attention as possible.

[ 9 ] The mother started a new conjugal relationship with Mr. C, but this relation is also tainted with domestic violence. The mother is pregnant with Mr. C’s child. The mother explained that the decision to abandon her child as she did at the beginning of June was taken due to the pressure she has from Mr. C and his family to abandon the child. The mother had no foster family to suggest and just asked that her child be well taken care. [ 10 ] Still in June 2021, the mother was seriously injured by Mr. C. She came at the DYP with her belongings.

She was brought at the nursing and also medevac to Town B to make sure that the assault had no impact on her pregnancy. Nothing wrong happe-ned and the mother decided to come back in her community and to give another chance to Mr. C. A few days later, she left again for Town B saying that she would like a break from Mr. C even if she asserted that nothing wrong happened. She stayed there only 3 days. [ 11 ] At the end of June, a foster family down south was found, but the mother informed the DYP that she had changed her mind about the abandon, that she ended her relation with Mr.

C, that she pressed changed against him and that he was detained. Doing so, a plan was made to maintain the child in region A and to work on a reintegration with the mother. The child moved again to a new foster family living in Town B, but supposed to travel down South for vacation. The mother went in Town B to spend a few days with her son before he travelled down South. [ 12 ] The plan was discussed with the mother. She agreed that she has to address her issues through the Social Services and that she had to look for a safe place to stay with her son as she does not have her own house.

During the vacation, the foster mother remained in contact with the mother and gave her news regularly. After the child’s return to Town B, contacts will be organized with the mother to maintain the bonds. [ 13 ] On July 2, 2021, Mr. C was released and came back in Town A. The mother verbalized being scared and she became very emotional. [ 14 ] During all this revision period, the mother was very collaborative with the DYP services.

Analysis [ 15 ] As recognized by the mother, the situation of the child remained endangered. [ 16 ] The child lived a lot of instability since the last decision, and the mother on her side also lived a lot due to her new toxic conjugal relationship. [ 17 ] By chance, the mother changed her mind about her child and collaborated actively with the DYP. She has the capacity to take care of her child. She needs to address her issues and to work on her physical and emotional stability. After that, with an adequate support, the mother will be able to raise her child and to give him all the love he deserves.

FOR THOSE REASONS, THE COURT: [ 18 ] GRANTS the application; [ 19 ] DECLARES that the security and development of the child X, born on [...], 2020, are still endangered; [ 20 ] ORDERS that the child be entrusted to a foster family, chosen by the institution operating a child and youth protection centre; [ 21 ] ORDERS that the child be gradually reintegrated under the mother’s care as soon as the situation allows it; [ 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 him of the current situation; [ 24 ] ORDERS that the modalities, the frequency and the degree of supervision of the contacts between the child and his mother be determined by the Director of Youth Protection; [ 25 ] ORDERS that the contacts between the mother and the child take place frequently to maintain the bonds between the both of them; [ 26 ] ORDERS that a person working for an institution or body, provide aid, counselling and assistance to the child and the family; [ 27 ] ENTRUSTS the situation of the child X, to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out; [ 28 ] THE WHOLE until May 31, 2022. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Adèle Cyr, attorney for the Director of Youth Protection Me Angèle Tommasel, attorney for the child

Me Cassandra Neptune, attorney for the mother Date of hearing: August 9, 2021