2021 QCCQ 15985, 2021 QCCQ 15985

Protection de la jeunesse — 217084 2021 QCCQ 15985 COURT OF QU É BEC CANADA PROVINCE OF QU É BEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002668-215 DATE: September 8, 2021 ______________________________________________________________________ BY THE HONOURABLE CHRISTIAN LEBLANC J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on [...], 2018 [SOCIAL WORKER 1], in her quality of authorized person by the Director of Youth Protection A, having a place of business at [...]; Applicant and A, residing and domiciled at [...] Mother ______________________________________________________________________ RECTIFIED 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 [...], 2018, are in danger under

section 38 b) (1) (iii) of the Youth Protection Act. [ 2 ] The DYP submits that the mother is struggling with an alcohol issue and that she expose her child to her consumption and the consumption of other peoples. Furthermore, the DYP is alleging that the mother’s life is unstable and that she neglect her child. [ 3 ] Consequently, the DYP is asking the C ourt to entrust the child to his maternal great grandmother, Ms. B, with reintegration with the mother if the situation allows it; the whole until August 30 th 2022.

POSITION OF THE PARTIES [ 4 ] The mother is absent and she is not represented. [ 5 ] Ms. [Social Worker 2], social worker, testified about the steps she took to reach the mother before the day of the present hearing, including serving her the courts document. She talked to the mother recently and Ms.

A told her clearly that she didn’t want to be there and that she didn’t want to be represented by a lawyer. [ 6 ] Therefore, the C ourt DECLARE having jurisdiction to proceed in her absence. [ 7 ] The child is absent and represented under a legal mandate. [ 8 ] After having read the documentary evidence that was filed by the DYP under D-1 to D-6, and after having heard the testimony of Ms. [Social Worker 3], social worker for the DYP, the C ourt come s to the conclusion that the security and development of the child is in danger under

section 38 b) (1) (iii) of the Youth Protection Act. [ 9 ] Here is why. Facts [ 10 ] The mother is struggling with an alcohol addiction and that issue is negatively affecting her parental abilities toward her child. [ 11 ] She expose s the child to her drinking and she brings the child to places where other persons are drinking alcohol. [ 12 ] Resource wise, it seems that the mother is not receiving welfare and would not take the necessary steps to resolve the situation. Therefore, she is lacking the financial means to buy food and diapers for her son.

[ 13 ] As for the child, the evidence is to the effect that the maternal great grandmother is the main caregiver for the child. Indeed, the mother often leaves the child with her, sometime without asking permission. The great grandmother also disclosed to the DYP that she could be left, for many days, without any news from the mother.

Lastly, the mother do not always provide the food and the diapers needed by her son when she leave s him at the great grandmother’s place. [ 14 ] The unchallenged documentary evidence filed by the DYP, while quite disorganized in the way it was presented to the C ourt in 3 separate reports, still shows many examples that are clearly establishing that the mother is not taking seriously her responsibilities as the mother of a young child. [ 15 ] She relies on the great grandmother to care of her son and she does so, without supporting her.

Furthermore, when X is with her, she expose him to intoxicated peoples. [ 16 ] The event of November 2020 is a good example of this situation. On that date, the DYP was informed that X was at a house where everybody were intoxicated. Once there, the DYP worker saw the drunk peoples, but confirmed that the mother was sober. When she was told that it was not a safe place for her son to be, the mother refused to leave with her son and also refused that the DYP bring the child elsewhere.

During the time they were having that conversation, drunk people were screaming at them. [ 17 ] The mother was finally convinced to leave, but once in the car, she changed her mind. She became uncooperative and the police had to intervene. [ 18 ] Other similar events occurred in January, where the mother was found past out on the floor alongside her son and another man. The mother then told the DYP that few days later, she was thrown out of her sister’s house and that her son’s clothing were burned.

She could not provide more explanation, since she could not really remember what happened that night. [ 19 ] In March 2021, the mother is described by the DYP as a young women who, during their interventions, is influenced by the intoxicated family members present and who therefore become rude and rough towards the DYP workers. It is also said that her need to have fun and to have spare time supersede her parental responsibilities. [ 20 ] Clearly, the mother lack maturity and she needs to improve herself on that aspect.

Furthermore, she needs to become more autonomous as a person and as a mother. [ 21 ] Even though they are sometimes exhausted by the mother’s attitude, the mother can still count on a family who is always willing to help her when there is a need. The mother’s family is also offering a good collaboration with the DYP. [ 22 ] To start with, the mother needs to find herself a place to live and she need to improve her parental skills.

When she will decide to make her son the center of her priority and after being able to show stability for a few months, it will be possible to envision a return of her son under her full time care. Until then, measures will need to be put in place in order to secure a stable, safe and caring environment for X. [ 23 ] The complementary report made in A ugust is showing that the mother still do not have her own place of residence.

In fact, she alternates between the great grandmother’s house and her sister’s house. [ 24 ] When the mother is questioned about the steps she took to improve her situation, she answer that she is still drinking and that she do not plan for a babysitter when she decide to drink. She still did not ask for the child’s RAMQ car and she is still did not take the necessary steps to receive welfare as a stable source of income. [ 25 ] On August 6 th , 2021, the DYP was made aware by the great grandmother that the day before, X was found outside crying alone, without his mother.

Since she is the main care giver, community members who witness that kind of situation brought the child back to her. [ 26 ] When the mother was met by the DYP, on August 12 th to discuss that event, the mother expressed that her alcohol consumption does not affect her on her daily life and also that she do not believe that her alcohol consumption is affecting X’s security and development. Basically, talking about her son and herself, she says that “they are doing fine”. [ 27 ] After that episode, the great grandmother, Ms.

B ask the DYP, for the child’s safety, that he be entrusted to her instead of the mother in the future. [ 28 ] On September 1 st , 2021, she was informed of the date of the present hearing and she immediately expressed that she would not attend. ANALYSIS [ 29 ] The C ourt is presented a situation in which a young and immature mother is struggling to offer her young child a safe and stable environment in which he could evolve positively.

She is struggling with an alcohol addiction and she is not ready to acknowledge the negative impact her current way of living is having on her young son. [ 30 ] Since she is not seeing any problem in her life, she is not taking any steps to change anything. [ 31 ] Her son is, considering his very young age, quite vulnerable. Therefore, he cannot wait for his mother to acknowledge her issues and to correct them. [ 32 ] Therefore the C ourt will order measures aimed at protecting the child, but with an opening for a potential reintegration of X with his mother, should the mother decide to improve her situation.

FOR THOSE REASONS, THE COURT: [ 33 ] GRANTS the application; [ 34 ] DECLARE S that the security and development of the child are still in danger; [ 35 ] ORDERS that the child be entrusted to Mrs. B, the maternal great grandmother; [ 36 ] ORDERS that the child be gradually reintegrated under the care of the mother as soon as the situation allows it; [ 37 ] ORDERS that the contact between the child and the mother be determined by Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 38 ] ORDERS that the mother take an active

part in the application of any of the measures ordered by the Tribunal; [ 39 ] ORDERS that the mother report in person at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 40 ] ORDERS that the mother remains sober and without any violent behaviour in the presence of the child; [ 41 ] STRONGLY RECOMMENDS that the mother continue to seek help, through the Social Services concerning her alcohol issues; [ 42 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the child and his family on a regular basis; [ 43 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 44 ] ORDERS the police to collaborate to the execution of the enactment; THE WHOLE until August 30, 2022 ; Signed on April 25, 2022 __________________________________ CHRISTIAN LEBLANC, J.C.Q .

Me Adèle Cyr, attorney for the director of Youth Protection Me Geneviève Lucas, attorney for the child Date of hearing: September 8, 2021