2022 QCCQ 14304, 2022 QCCQ 14304

Protection de la jeunesse — 229026 2022 QCCQ 14304 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002413-190 DATE: June 8, 2022 (written judgment rendered on June 23, 2022) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2019 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A Applicant and A Mother and B Father ______________________________________________________________________ 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 a decision rendered on July 14, 2021, regarding the child X, born on [...], 2019. At that date the Court declared the security and development still endangered and entrusted the child to the mother with aid, counselling and assistance, until April 30, 2022. [ 2 ] The DYP submits that the situation allows maintaining the child with his mother so asks that he remain with her, for a period of 1 year.

Position of the Parties [ 3 ] The mother is present and 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 whereabouts of the father are totally unknown. He is not involved in the child’s life. The DYP made numerous attempts to reach him through his relative, radio calls, etc., without any success.

Considering the evidence of the steps taken, the consent of the other parties to proceed in his absence and the best interest of the child, the Court dispenses the DYP from serving the father and proceeds in his absence. [ 5 ] The child is 3 years old. He is absent, but represented by Me Michaël Pereira. After hearing the evidence, Me Pereira submits that the situation of the child is still endangered and that the measures suggested are in his best interest.

History of the Situation [ 6 ] On December 3, 2019 , the Court entrusted the child to a foster family under provisional measures. [ 7 ] On December 19, 2019 , the situation of the child was submitted to the Court. The child was 7 months old. The parents had alcohol consumption and conjugal violence issues. Their relation was unstable. The parents regularly left the child without proper supervision. While the father was collaborative, the mother offered a very poor collaboration.

The Court declared that the security and development of the child were endangered [1] and entrusted him to a foster family (grandmother). The Court authorized the reintegration no later than March 19, 2020, the whole until December 31, 2020. [ 8 ] On June 4, 2020 , the Court revised the situation. The reintegration with the mother was not done considering that she still displayed alcohol consumption issues and she did not seek help. The mother assaulted her own mother who is the foster mother of the child. Being too scared, the maternal grandmother gave up on fostering the child.

The child was entrusted to a foster family with the hope that the maternal grandmother could have him back. The Court entrusted the child to a foster family with a reintegration with the mother as soon as the situation allows it, and also authorized that the child be fostered by his grandmother, the whole until December 31,

2020. [ 9 ] On December 18, 2020 , the Court revised the situation again. After being entrusted to 8 different living environments, the child had been entrusted to Ms. C, the spouse of the deputy director of Youth Protection. The child developed strong bonds with her, and the mother also developed a very good relation with her. The mother was still struggling with alcohol consumption and housing issues. A reintegration was tried in August 2020, but it failed after a few hours as the mother absolutely wanted to drink. The mother refused to seek help, and her involvement in the child’s life was very sporadic.

The Court entrusted the child to Ms. C until July 30, 2021, and authorized a reintegration if the situation allows it. [ 10 ] On July 14, 2021 , the Court revised the situation. Since the last decision, the mother had reduced her alcohol consumption, seek help and improved her collaboration. Since the end of April 2021, the child is fully reintegrated under his mother’s care and he is doing very well. The mother is living at the maternal grandmother’s place, but she is waiting for her own house. The situation remains fragile.

The Court entrusted the child to his mother, the whole until April 30, 2022. [ 11 ] On September 9, 2021 , on provisional measures, the Court entrusted the child to a foster family, but authorized the mother to have the child with her if she attends a treatment centre. On November 12, 2021 , still on provisional measures, due to a lack of time to proceed on the merit, the Court entrusted the child to Ms. C. On March 30, 2022 , the Court maintained the status quo as the mother was in [Centre A] with the child.

Facts [ 12 ] 3 days after the last decision rendered on July 14, 2021, the DYP had to intervene with the mother. She was highly intoxicated with other adults also intoxicated and X was present. No sober adult was present. The child was entrusted for the night. [ 13 ] The DYP made unannounced visits at the mother’s place after that event and nothing wrong was reported. [ 14 ] The whole remained positive until September 3, 2021, when a new intervention was needed. The mother was highly intoxicated on the street with the child.

It had not been possible to return the child within the 48 hours, and a provisional measure was requested. [ 15 ] The previous foster parents accepted to take care of the child, and Mr. D travelled to pick up the child. The child was entrusted to them, living in [Region A]. The child felt reassured in the presence of his foster parents. The foster mother stayed at home with him to ensure a better integration. The mother had regular contacts with her son by video calls. [ 16 ] On February 9, 2022, the mother integrated [Centre A] mother and child program and on February 24, X was authorized to integrate with her.

The foster parents brought him there. He was very happy to see his mother and demonstrated signs of attachment to her. [ 17 ] The [Centre A] interveners had only positive words toward the mother. She was very implicated in her therapy. [ 18 ] On March 15, 2022, the maternal grandmother also entrusted [Centre A] (adult program). [ 19 ] The mother testifies from [Centre A] and she did it very honestly. She spoke about her ups and downs and particularly about the event of May 13, when the mother left patience toward the child and became discouraged.

A meeting took place between her, her mother, the worker from [Centre A] and the DYP worker. The maternal grandmother suggested to the mother to make a switch and offered her to take care of X at the mother and child program while the mother would attend the adult program. The mother agreed and was transferred to Town C. She appreciated a lot the services she received there and worked on many aspects of her life. [ 20 ] The mother came back at the mother and child program on June 3, and she anticipates the end of the program very positively.

She feels stronger and she is very happy to have her mother completing the same program as her. They should end the program almost at the same time. [ 21 ] The mother wants to go back living in her own community after the program. She will live at her mother’s place. They want to offer a safe environment for X to evolve and to grow up. The mother already applied to have her own house, but the process could be long. [ 22 ] The mother also wants to participate in the post-care follow-up.

Analysis [ 23 ] As acknowledge by the mother, the situation of the child continues to be endangered. [ 24 ] The mother is still struggling with her own difficulties, but her courage has to be underlined. The Court had joined her voice to the lawyers to congratulate her for the drastic change she made in her life.

She did not hesitate to take steps to address her issues seriously and even in the difficult times, she did not give up. [ 25 ] It is important to remind that the DYP was looking for a long-term placement in this situation, but considering the very great efforts made by the mother, the recommendations were changed for the child to be maintained with his mother. [ 26 ] She is making all those efforts for her and her son who is very attached to her. For sure, if the mother had not made such decision and would have remained in her old pattern, the DYP would have maintained her recommendations.

But as we can see, the bonds between the child and the mother are very strong and it would have been detrimental for the child to be prevented for being raised by his mother. [ 27 ] As it had been said, it is a happy ending for this family.

[ 28 ] Next months could be challenging for the mother, but she was reminded that different services are available to help her with her return at home and to maintain her sobriety. She does not have to hesitate to request for.

FOR THOSE REASONS, THE COURT: [ 29 ] GRANTS the application; [ 30 ] DECLARES that the security and development of the child X, born on [...], 2019, are still endangered; [ 31 ] MAINTAINS the child with his mother; [ 32 ] ORDERS that the mother complete her treatment at the [Centre A] with the child; [ 33 ] ORDERS that if the mother leaves the [Centre A] before completing it that the child be returned to a foster family chosen by the institution operating a child and youth protection centre; [ 34 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in their child’s regard to put an end to the situation in which the security and development of the child are endangered; [ 35 ] ORDERS that the parents take an active

part in the application of the measures ordered by the Court; [ 36 ] ORDERS that the parents remain sober and without any violent behaviour in the presence of the child; [ 37 ] RECOMMENDS that the parents seek help through the Social Services, or the [Centre A] concerning their alcohol, drug, personal and anger issues; [ 38 ] ORDERS that a person working for an institution or a body, provide aid, counselling and assistance to the child and the family; [ 39 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A who shall then see that the measures are carried out; [ 40 ] THE WHOLE until June 30, 2023.

Conclusions en français : [ 41 ] ACCUEILLE la demande ; [ 42 ] MAINTIENT l’enfant avec sa mère ; [ 43 ] ORDONNE que la mère complète le programme au Centre A pour mère et enfant avec l’enfant ; [ 44 ] ORDONNE que si la mère quitte le [centre A] avant la fin de celui-ci, que l’enfant soit retourné à une famille d’accueil, choisi par un établissement qui exploite un centre de protection de l’enfance et de la jeunesse ; [ 45 ] ORDONNE que les parents fassent rapport périodiquement au Directeur de la protection de la jeunesse sur les mesures qu’ils appliquent à eux-mêmes ou à leur enfant pour mettre fin à la situation qui compromet la sécurité et le développement de l’enfant ; [ 46 ] ORDONNE que les parents participent activement à l’application de l’une ou l’autre des mesures ordonnées par le Tribunal ; [ 47 ] ORDONNE que les parents soient sobres et sans comportements violents en présence de leur enfant ; [ 48 ] RECOMMANDE aux parents de bénéficier d’un suivi auprès des services sociaux ou du suivi post-thérapeutique offert par [le centre A] concernant leurs problématiques de consommation d’alcool et de drogues, leurs problèmes personnels et la gestion de la colère ; [ 49 ] ORDONNE qu’une personne qui travaille pour un établissement ou un organisme apporte aide, conseil et assistance à l’enfant et à sa famille ; [ 50 ] CONFIE la situation de l’enfant X, au Directeur de la protection de la jeunesse pour l’exécution de la présente ordonnance ; [ 51 ] LE TOUT jusqu’au 30 juin, 2023. __________________________________ PEGGY WAROLIN , J.C.Q.

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

Date of hearing: June 8, 2022