2019 QCCQ 15732, 2019 QCCQ 15732

Protection de la jeunesse — 194993 2019 QCCQ 15732 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [ … ] TOWN OF [ … ] Youth Division No: 635-41-000920-188 DATE: January 14, 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, unknown address 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 sections 38 (b) (2), (

c) and (e) (1) [1] of the Youth Protection Act . As measures, the DYP ask to maintain the child with her mother with aid, counselling and assistance. [ 2 ] The mother is absent, but represented by Me Martineau. She tells the Court that the mother was present earlier, but she had to leave due to a babysitting issue. Me Martineau has her position and is ready to proceed.

The mother admitted some of the allegations, and she agrees with the measures. [ 3 ] X who is 6 months old is absent, but represented by Me Lazarov. [ 4 ] After hearing the evidence, the child’s lawyer invited the Court to declare the situation of the child in danger for the alleged ground and to order the measures as recommended. He also asked that the order the Court can render concerning Mr. B, who is not a party to this hearing, be notified to him. Facts [ 5 ] X was born on [ … ] , 2018. She is the third child of the mother, the previous ones being entrusted to foster family. [ 6 ] Mr.

B is presented as the biological father, but he is not declared on the birth certificate. [ 7 ] Before the birth, a baby alert was done, as the mother is known for consuming alcohol and drugs during the pregnancy and for mental health issues. It was also reported that conjugal violence occur between the mother and her spouse, and the mother has a very unstable way of life with a lot of moving from one place to another. [ 8 ] Just after the birth, the DYP worker went to the mother’s place to explain the report and take immediate protective measures to insure the safety of the child. The mother and Mr.

B were not collaborative, so the DYP worker decides to request the police assistance. When she came a few minutes later with the police officer, the mother had left with the child. [ 9 ] The DYP worker contacted the midwife, Ms. C who was doing the follow-up with the baby. She said that the mother moved to Town B and the last time she saw the baby everything went well. She said not having any concern regarding the safety of the baby. A nurse in Town B receive the file to continue the follow-up.

Despite the search made by the police officer in Town B, the mother was not found there. [ 10 ] On July 16, the DYP worker was informed that the mother was seen on the flight to Town C on July 8, with her baby. [ 11 ] On July 23, the DYP worker received a letter from the mother saying that she and her baby were healthy and it was not necessary to be concerned about them. The mother joined a note from a doctor in Town D confirming that the baby is doing very well. The DYP worker contacted the doctor who gives her the address and phone number of the mother. When the mother was called, she

hangs up the phone when she heard the voice of the DYP worker. [ 12 ] On August 1, the collaboration of the Children Aid Society of Town D was requested to go to the mother’s place, but no one was there. Collaboration was also requested from [Center A] as the mother is suspected to be in Town C. [ 13 ] On October 25, the DYP obtain information from the family who foster one of the mother’s child. She was in contact with the mother. She appeared happy to have her baby with her and X seem to be very healthy, active, bright and also she eats well and was well dressed. [ 14 ] Finally, on November 14, Mr.

B brought the baby to the DYP office saying that he has concerns for the safety of the child following an event of conjugal violence which occurred in Town C and he was seriously injured. He left with the baby and took the plane to come back in Town A while the mother had left to drink. Once arrived in Town A, he received a text message from the mother saying that she was passed out in the subway. [ 15 ] Immediately, the DYP took an immediate protective measure and the baby was entrusted to a foster family. [ 16 ] On November 16, the DYP worker was able to speak with the mother.

Her version is totally different than the version of Mr. B. According to her, she is the victim of the conjugal violence and if Mr. B has marks on his body it’s because she had to protect and defend herself against him. She came back in Town A right after. [ 17 ] The emergency court hearing took place on November 30, and the child was given back to the mother.

Since that day, the mother collaborates very well with the DYP, she calls almost every day, attends to each meeting and keeps the DYP worker informed about her situation. [ 18 ] According to the medical file consulted by the DYP worker, the mother has a regular follow-up for her personal issues since 2016. [ 19 ] The relation between the mother and Mr. B is conflictual for many years. The mother is financially dependent on Mr. B, and the latter could abuse of the situation. The DYP asks for a prohibition of contact between the mother and Mr. B in the presence of the baby.

Analysis [ 20 ] After hiding from the DYP for a long period of time, the mother was able to demonstrate that she is able to take care of her baby. Her consumption and mental health issues remain worrisome as it could affect such a vulnerable child. [ 21 ] The Court is also concerned by the conjugal relationship and the impact of the conflict on the child. [ 22 ] The evidence showed that the child is in a situation of risk of neglect and she suffered from psychological ill-treatment.

No evidence was submitted to prove the physical abuse. [ 23 ] As measures, the Court agrees with the recommended ones as it is in the child’s best interest to remain with her mother. Doing so, the mother will have to maintain a very close collaboration with the DYP and to continue to be transparent with the workers. FOR THOSE REASONS, THE COURT: [ 24 ] GRANTS the application; [ 25 ] DECLARES that the security and development of the child X, born on [ … ] , 2018, are in danger under sections 38 (b) (2) and (

c) of the Youth Protection Act ; [ 26 ] ORDERS that the child remain with her mother; [ 27 ] ORDERS that the mother report periodically to the Director of Youth Protection on the measures she applies in her own regard to put an end to the situation in which the security and development of the child is in danger; [ 28 ] ORDERS the mother to take an active

part in the application of any of the measures; [ 29 ] ORDERS the mother to report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 30 ] ORDERS the mother to remain without any violent behaviour in the presence of the child; [ 31 ] ORDERS that the mother remain sober in the presence of the child; [ 32 ] ORDERS that the child is not left alone in the presence of the mother and Mr. B; [ 33 ] Considering the consent of the mother, ORDERS that this conclusion be notified to Mr.

B; [ 34 ] ORDERS that the mother seek help through the Social Services concerning her alcohol, drugs 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 the end of January 2020. __________________________________ PEGGY WAROLIN , J.C.Q. Me Geneviève Apollon, attorney for the Director of Youth Protection Me Ivan Lazarov, attorney for the child Me Isabelle Martineau, attorney for the mother Date of hearing: January 14, 2019