2020 QCCQ 13467, 2020 QCCQ 13467

Protection de la jeunesse — 209355 2020 QCCQ 13467 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002499-207 DATE: October 9, 2020 (written judgment rendered on December 7, 2020) ______________________________________________________________________ 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., 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 development of the child X, born on [...], 2017, are endangered under paragraphs (b) (1) iii, (

c) and (e) (1) [1] of

section 38 of the Youth Protection Act . [ 2 ] The DYP asks to entrust the child to a foster family until August 31, 2021. 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 endangered. She agrees that he be entrusted, but asks that he be placed under his maternal grandmother’s care, Ms. B. [ 4 ] The child is absent, but represented by Me Élianne Villemur.

On her client's behalf, she submits to the Court that the situation is endangered for the alleged sections and she is in agreement with the recommended measures. Facts [ 5 ] X is the first child of the mother who is 20 years old. X’s father is undeclared. The mother was in relation with Mr. C. With him, she had another child who was deceased on August 1, 2020. The mother and X live at X’s maternal grandmother’s place. Mr. C, even during the common living, lived at his grandfather’s place. [ 6 ] The DYP received a report of physical abuse on X from the part of Mr. C. On June 7, 2020, Mr.

C would have pinched the child very hard. The mother confirmed the facts and also added that X had bruises on his cheeks and that it was not the first time he was hit by Mr. C. [ 7 ] Following that event, the DYP noted that mother and the maternal grandmother were very protective towards the child by preventing Mr. C to come at their place. [ 8 ] The situation remained positive until August 13, 2020. At that date, the DYP received another report. The mother was at Mr. C grandfather’s place with X. When the DYP worker arrived, the mother was not collaborative and she left on a four-wheeler with Mr. C and X.

The same night, the Cree Police Force had to intervene at Mr. C’s place because he was fighting with the mother. X was present and was very scared. [ 9 ] The mother had suicidal ideation and Mr. C threatened to harm X if she would leave. The Cree Youth Protection was called, they took an immediate protective measure and entrusted X to a foster family. [ 10 ] The police investigation reveals that three days prior, the mother tried to stab Mr. C with a knife and he was still injured. [ 11 ] The mother is known to have an alcohol consumption issue and her consumption increase in the presence of Mr.

C who convince her to come back by offering her alcohol.

[ 12 ] The mother also admits consuming six grams of cannabis daily before going to bed. The first autopsy made on her new-born child revealed that the baby had a very high concentration of smoke residue in his lungs. [ 13 ] Another event of conjugal violence occurred one month ago. Mr. C had broken the mother’s jaw, and she is hospitalized in Montreal since that event. [ 14 ] The DYP noted that the grandmother is very helpful and very present in X’s life. The bonds between both are very strong. The grandmother is also very supportive financially as the mother does not work.

She takes care of him when the mother is nowhere to be found. [ 15 ] Despite the grandmother’s involvement, the DYP does not consider that she can take care of the child on a daily basis as the mother requests. The grandmother’s other children are followed by the DYP. [ 16 ] The DYP’s first choice to foster the child is the maternal aunt, to whom he is entrusted currently, but she expresses being tired. The Director of Youth Protection wants to offer her more support maintaining her involvement. [ 17 ] The mother testifies that her relation with Mr. C is definitely ended.

She asserts that she will communicate with the police when she is back in Town A to make a statement against Mr. C. [ 18 ] The mother does not want her aunt to foster X because she saw her using the foster family allowance she receives to buy drugs. [ 19 ] The mother explained that she wants to finish her courses in accounting which is quite finished and wants to return to her previous job at the municipality. [ 20 ] The mother also recognized that since her baby’s death, she did not collaborate with the DYP, but she now accepts to collaborate and to address her issues seriously.

Analysis [ 21 ] As everyone recognizes it, the situation of the child is endangered because of the physical abuse he was a victim of, the psychological ill-treatment and the neglect in terms of supervision. [ 22 ] The mother recognizes that currently she is not in position to take care of her son. The child has to be entrusted to a foster family. The fact that she refuses that her son is entrusted to her aunt has to be considered. [ 23 ] She suffers from the recent loss of her baby. She accepts to receive help and to collaborate with the DYP. She plans to start to work soon.

There is no reason not to consider a reintegration under her care in a near future. FOR THOSE REASONS, THE COURT: [ 24 ] GRANTS the application; [ 25 ] DECLARES that the security and development of the child X, born on [...], 2017, are endangered under paragraphs (b) (1) iii, (

c) and (e) (1) of

section 38 of the Youth Protection Act ; [ 26 ] ORDERS that the child be entrusted to a foster family, chosen by the institution operating a child and youth protection centre; [ 27 ] T AKES JUDICIAL NOTICE that the mother refuse that her son is fostered by her aunt, Ms.

D; [ 28 ] AUTHORIZES a reintegration with the mother as soon as the situation allows it; [ 29 ] ORDERS that the modalities, the frequency and the degree of supervision of the contacts between the child, the mother and the maternal grandmother be determined by the Director of Youth Protection; [ 30 ] ORDERS that those contacts occur as often as possible; [ 31 ] ORDERS that the mother report periodically to the Director of 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 and development of the child are endangered; [ 32 ] ORDERS that the mother take an active

part in the application of any of the measures ordered by the Court; [ 33 ] ORDERS that the mother report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 34 ] ORDERS that the child not come into contact with Mr.

C; [ 35 ] ORDERS that the mother remain sober and without any violent behaviour in the presence of the child; [ 36 ] RECOMMENDS that the mother seek help through the Social Services concerning her alcohol, drugs, personal and conjugal issues; [ 37 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the child and the child’s family; [ 38 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried

out; [ 39 ] ORDERS the police to collaborate to the execution of the enactment; [ 40 ] THE WHOLE until August 31, 2021. __________________________________ PEGGY WAROLIN , J.C.Q. Me Adèle Cyr, attorney for the Director of Youth Protection Me Éliane Villemur, attorney for the child Me Cassandra Neptune, attorney for the mother Date of hearing: October 9, 2020