2022 QCCQ 14533, 2022 QCCQ 14533

Protection de la jeunesse — 229014 2022 QCCQ 14533 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002148-184 DATE: August 8, 2022 (written judgment rendered on September 14, 2022) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2017 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A Applicant and A 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to prolong a decision rendered on April 20, 2021, regarding the child X, born on [...], 2017. At that date the Court declared the security and development still endangered and ordered that the child remain with the mother until April 30, 2022. [ 2 ] The DYP submits that the situation improved and asks that the child remain with the mother until November 30, 2022.

Position of the Parties [ 3 ] The mother is absent, but represented by Me Angèle Tommasel. She recognizes that the security and development of her child are still endangered and she agrees with the measures. [ 4 ] The child is 5 years old. He is absent, but represented by Me Cassandra Neptune. After taking acknowledge of the evidence and of the mother’s admissions, Me Neptune submits to the Court that the child’s situation continue to be endangered and that the recommended measures are in his best interest.

History of the Situation [ 5 ] On February 23, 2018 , the situation of the child was submitted to the Court. He was 7 months old. The siblings of the child were already the object of a placement until majority due to the mother’s alcohol consumption issues. For the same reason, the DYP had to intervene with this child. The mother left him unattended while she was outside and intoxicated. The child had been placed under provisional measures, and the mother had exercised her visitation rights.

The Court declared that the security and development of the child were endangered, entrusted him to a foster family and authorized a progressive reintegration as soon as the situation allows it, the whole until August 31, 2018. [ 6 ] On October 2, 2018 , the Court revised the situation. Since the last decision, the child had been maintained in a foster family. He was mostly fostered by his maternal aunt, B. This latter regularly gave the child to the other maternal aunt, C because she had to leave the village. Also, C regularly gave the child to the mother, the whole without the DYP’s consent.

The mother still struggled with her alcohol consumption issues and did nothing to address it. The foster mother, B still had alcohol consumption issues, and the Court warmed the DYP to the importance to find a safe place for the child. The Court entrusted the child to a foster family until June 30, 2019. [ 7 ] On August 21, 2019 , the Court revised the situation. The mother still had alcohol consumption issues, and she had harassing behaviour toward the foster family to the point that it had been necessary to move the child causing him instability. The child was developing well in the current foster family of Ms.

D. The Court entrusted the child to a foster family until August 31, 2020. [ 8 ] On August 19, 2020 , the Court revised the situation again. Since March 2020, the mother participated to a regular follow-up with the Social Services, she also participated to the clinical meetings with the DYP worker and she respected the calendar for visits with her son. The visits were increased starting in May 2020, and occurred at the mother’s place considering the great improvements. The child reacted very well.

The Court entrusted the child to a foster family and ordered a gradual reintegration as soon as the situation allows it, the whole until April 30, 2021.

[ 9 ] On April 20, 2021 , the Court revised the situation. The child had been fully reintegrated under his mother’s care in March 2021. The mother collaborated well with the DYP and participated to her follow-up with the Social Services. Despite those follow-ups, the mother still displayed alcohol consumption issues, and came at her meeting intoxicated and sometimes in the presence of the child. When sober, the mother had very good parental capacities.

The foster parents were very attached to the child and were opposed to the return under the mother’s care, but asserted that they would always be available if needed. The Court entrusted the child under the mother’s care until April 30, 2022. [ 10 ] The measures were prolonged until the Court could proceed on the application for revision on August 8, 2022. Facts and Analysis [ 11 ] Considering the absence of contestation, the parties file a draft agreement. [ 12 ] In this draft agreement, the parties admit the facts that justify maintaining the declaration of endangerment.

The facts are the following: 3.1 Since the last Court hearing, the situation of the mother fluctuated; 3.2 The mother still consumes alcohol, but is not able to verbalize the frequency of her drinking; 3.3 The mother did not maintain a constant follow-up with the Social Services; 3.4 The mother has multiple safety nets around her, namely her siblings and the child’s previous foster family, Ms. D and Mr.

E; 3.5 Since the last Court hearing, the child remained under the care of the mother and the situation was generally stable and positive; 3.6 Nonetheless, the mother exposed the child to her alcohol consumption; 3.7 On March 2, 2022, the Youth Protection received a call from the police stating that the mother was arrested, and the child was at the police station; 3.8 The Youth Protection was informed that the mother would have been highly intoxicated in the presence of the child and would have been physically aggressive with the latter; [ 13 ] The parties agree with the following measures: 6.1 That the child remain with the mother; 6.2 That the mother receive help for her personal issue such as substance abuse issues; 6.3 That the mother remain sober in the presence of her child; 6.4 That the mother report periodically to the Director of the Youth Protection on the measures she applies in her own regard or in her child’s regard to put an end to the situation in which the security or development of the child is in danger; 6.5 That the child receive specific health care and health services as deemed necessary by the professionals involved; 6.6.

That the mother have her child involved in the “Acting Early Program” and that the recommendations of these professionals be followed; 6.7. That the mother take an active

part in the application of any of the measures ordered by the tribunal; 6.8. That a person working for an institution or body provides aid, counselling or assistance to the child and the child’s family 6.9. That a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family; 6.10.

That the situation of the child be entrusted to the Director of Youth Protection A, who shall then see that the measures are carried out; The whole until: February 28, 2023. [ 14 ] After verifying that the content of the draft agreement had been clearly explained to the mother and that the consent had been given freely, the Court declares to agree with the measures and accepts to ratify it. [ 15 ] The Court will specify that the child need specifically a psycho-developmental assessment and that all recommendations made by the professionals be followed without any delay.

FOR THOSE REASONS, THE COURT: [ 16 ] GRANTS the application; [ 17 ] DECLARES that the security and development of the child X, born on [...], 2017, are still endangered; [ 18 ] RATIFIES the draft agreement; [ 19 ] ORDERS the implementation of the following measures and ORDERS the parties to comply with those:

• That the child remain with the mother; • That the mother receive help for her personal issue such as substance abuse issues; • That the mother remain sober in the presence of her child; • That the mother report periodically to the Director of the Youth Protection on the measures she applies in her own regard or in her child’s regard to put an end to the situation in which the security or development of the child is in danger; • That the child receive specific health care and health services as deemed necessary by the professionals involved; • That the mother have her child involved in the “Acting Early Program” and that the recommendations of these professionals be followed; • That the mother take an active

part in the application of any of the measures ordered by the tribunal; • That a person working for an institution or body provides aid, counselling or assistance to the child and the child’s family • That a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family; • That the situation of the child be entrusted to the Director of Youth Protection A, who shall then see that the measures are carried out; • The whole until: February 28, 2023. [ 20 ] ORDERS that the child need specifically a psycho-developmental assessment and that all recommendations made by the professionals be followed without any delay; [ 21 ] ORDERS the clerk of the Court of Quebec, Youth Division, to attach to this judgment a copy of the draft agreement to form an integrant part hereof, and to attach such copy of the judgment to be subsequently delivered. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Adèle Cyr, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Me Angèle Tommasel, attorney for the mother Date of hearing: August 8, 2022