2019 QCCQ 15738, 2019 QCCQ 15738

Protection de la jeunesse — 194999 2019 QCCQ 15738 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 635-41-000928-181 DATE: January 15, 2019 (written judgment rendered on June 17, 2019) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [… ], 2018 [SOCIAL WORKER 1 ], Youth Protection worker, duly authorized by the Director of Youth Protection A, working in Town A, district A Applicant and A , residing and domiciled at […], district A 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 […], 2018, are in danger under

section 38 (b) (2) [1] of the Youth Protection Act . As measures, the DYP recommends the Court to maintain the child under her mother’s care. [ 2 ] The mother is present and represented by Me Tommasel. She admits some of the allegations and she agrees with the measures. [ 3 ] X who is 12 months old is present and represented by Me Martineau. [ 4 ] The child’s lawyer submits to the Court that the measures suggested being in her best interest. Facts [ 5 ] The mother has two children: X and a son, Y who is 8 years old.

The Court is seized with the situation of the two children. [ 6 ] X’s father passed away last spring when his skidoo felt in the river and X’s father committed suicide two years ago. [ 7 ] The mother faces those losses. She works at the airport and also at school as a teacher. She is working very hard to provide for her children. [ 8 ] Ms. A also has personal issues, which have an impact on her children. She has alcohol issues and she was involved in a violent conjugal relationship with Mr. B. [ 9 ] Between the middle of May and July 1, 2018, the DYP intervene twice at the mother’s house.

Each time, the mother was highly intoxicated, with her children under her care, with other people also intoxicated. The house was very dirty. X was not fed and was laying down in her own vomit. The last time, Y was nowhere to be found. [ 10 ] When the mother was met regarding those two reports, she was previously reluctant to speak with the DYP worker as the Social Services already intervened with her. Ms. A explained that she reduces her alcohol consumption a lot and that the two reported events were isolated ones.

She considers being able to raise her children alone without any help from the DYP, as she did since Y was born. [ 11 ] She admits that she would like to totally quit alcohol, but she is scared to go down [to region A] without her children. [ 12 ] At the beginning of the intervention in July, Mr. B was in detention and the mother expressed feeling depressed because of this situation. She pressed charges against him, but she thought about removing those. [ 13 ] In August 2018, the mother was met by the DYP worker.

She was supposed to start work as soon as her maternity leave was quite finished and she was very happy. X was supposed to start daycare. Mr. B was also supposed to be released soon, and the mother was happy to have him back at home. They planned to quit drinking together. Voluntary measures were suggested and the mother

agreed, as she considers it could help the family. [ 14 ] No occurrence reports were reported until December 3, 2018, when Mr. B was detained again following a conjugal violence event. On December 10, the DYP was informed that the mother was intoxicated while in the presence of the children. [ 15 ] The DYP worker confirms that outside the consumption event, the house is very adequate. [ 16 ] Ms. A is described by the DYP worker, as a woman with a big heart who could put aside her own needs while taking care of people around her. She has a very good and reliable family network.

The mother confirms that her house is located near the houses of her two sisters and her parents live on the same street. [ 17 ] At the hearing, the mother said being single since December 2018. The DYP worker still has concerns for the mother, as the last time she can’t wait for Mr. B to be released from jail. Mr. B is known for non-respecting his conditions and the mother did not always press charges against him. The DYP worker has fears that the mother could not be able to protect her children. [ 18 ] The mother testifies and said that even if Mr. B is released, she did not get back with him.

He often pass in front of her house, but he never comes nor disturbs her. She is decided to call the police as soon as he contacts her. [ 19 ] She admits that she was not really open to work with the DYP, but she understands that it could help her to continue to reduce her alcohol issues. On the other side, she would like the DYP to communicate more with her. She gives, as an example, the facts that she received the application to come at the court house, but no date of hearing was mentioned. As she works at the airport, she made verification and she found that a plane had been booked for her to come in Town A.

She would have appreciated being informed directly by the DYP worker. [ 20 ] X is described as a very smiling and quiet baby. She is developing very well and created very strong bonds with her mother. Analysis [ 21 ] The mother faced many sad events recently and raised her children with those difficulties. She presents fragilities with alcohol consumption, and events of consumption were important enough to avoid her to be able to take care of her children.

For both children, who have different needs considering the difference of age, a lack of supervision was noticed. [ 22 ] The evidence shows that the situation of the child is in danger because of this consumption and the conjugal violence she witnessed. [ 23 ] The mother recognizes the situation, but is ambivalent regarding the DYP services. As she was able to raise her oldest son alone, she considers being able to continue. [ 24 ] As mentioned to the mother at the hearing, she has a fragility with alcohol consumption and even if her conjugal relation is over, it’s very recent.

For the safety of the children, it’s necessary to make sure that she has all the tools to quit drinking and not to go back to this kind of toxic relation. [ 25 ] The mother is conscious of her difficulties, she has a good network and she works hard. With a follow-up from the DYP, she will be able to stabilize her situation and doing so, to put an end to the situation in which her children are in danger. FOR THOSE REASONS, THE COURT: [ 26 ] GRANTS the motion; [ 27 ] DECLARES that the security and development of the child X, born on […], 2018, are in danger under

section 38 (b) (2) and (

c) of the Youth Protection Act ; [ 28 ] ORDERS that the child remain with the mother; [ 29 ] 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 in danger; [ 30 ] ORDERS that the mother take an active

part in the application of the measures ordered by the Court; [ 31 ] ORDERS that the mother report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 32 ] ORDERS that the mother remain sober in the presence of the child; [ 33 ] ORDERS that the mother remain without any violent behaviour in the presence of the child; [ 34 ] STRONGLY ENCOURAGES that the mother seeks help through the Social Services concerning her alcohol and personal issues; [ 35 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the child and the mother; [ 36 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 37 ] THE WHOLE until August 31, 2019.

__________________________________ PEGGY WAROLIN , J.C.Q. Me Geneviève Apollon, attorney for the Director of Youth Protection Me Isabelle Martineau, attorney for the child Me Angèle Tommasel, attorney for the mother Date of hearing: January 15, 2019