2022 QCCQ 14351, 2022 QCCQ 14351

Protection de la jeunesse — 229052 2022 QCCQ 14351 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002597-216 DATE: July 28, 2022 (written judgment rendered on September 28, 2022) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2020 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A Applicant and A Mother ______________________________________________________________________ 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to prolong a decision rendered on September 8, 2021, regarding the child X, born on [...], 2020. At that date the Court declared the security and development endangered and entrusted the child to a kinship foster family, namely the maternal grandmother, Ms.

B, until April 8, 2022. [ 2 ] The DYP submits that the situation does not allow to return the child X to her mother and asks that the child be entrusted to a significant person, namely Ms. B and Mr. C, maternal grandparents and gradually reintegrated under the care of the mother as soon as the situation allows it, the whole until July 31, 2023. Position of the Parties [ 3 ] The mother is present and represented by Me Michaël Pereira. She recognizes that the security and development of her child are still endangered and she agrees with the measures. [ 4 ] The child is 21 months old.

She is absent, but represented by Me Cassandra Neptune. After hearing the evidence and considering the mother’s position, Me Neptune submits to the Court that the situation of the child continue to be endangered and that the recommended measures are in her best interest. [ 5 ] The child has siblings Y (13

y) and Z (11 ½ y). The Court is also seized with their situations. History of the Situation [ 6 ] On September 8, 2021 , the situation of the child was submitted to the Court. She was 9 months old. The mother displayed alcohol consumption issues, and she consumes in front of her children. In January 2021, the children had been entrusted to their maternal grandmother on voluntary measures. Y was frustrated due to his mother’s consumption and while his mother was drunk, an altercation happened between both.

The mother was conscious about her issues and the impact on her children, but did not take any steps to address her issues. The Court declared that the security and development of the child were endangered [1] and entrusted her to the kinship foster family of the maternal grandparents, the whole until April 8, 2022. Facts [ 7 ] As her siblings, X is entrusted to her maternal grandparents. She is developing very well. She does not attend daycare. When the grandmother has to travel for medical reason, the maternal aunt takes care of the child.

If no one is available, the grandmother does not hesitate to call the DYP services to ask for a solution. [ 8 ] The mother is living with her parents in Town A. Doing so, she lives under the same roof of her children. She has a good relationship with her children and with her parents. She is struggling with her alcohol consumption. She does not consume in her children’s presence as she is not allowed to consume at the grandparents’ place. She tries to reduce her alcohol consumption by herself which she recognized being very difficult.

Analysis [ 9 ] During that time, the grandparents were and continue to be very supportive for their grandchildren. The children are very lucky to be so well surrounded. If the grandparents would not be there, those children would have to be entrusted to foster family and they would probably be entrusted to different foster families. [ 10 ] It is in the interest of the children to remain entrusted there, the time that the mother seriously address her issues.

FOR THOSE REASONS, THE COURT: [ 11 ] GRANTS the application; [ 12 ] DECLARES that the security and development of the child X, born on [...], 2020, are still endangered; [ 13 ] ORDERS that the child be entrusted to significant persons, namely Ms. B and Mr. C, the maternal grandparents; [ 14 ] ORDERS that the child be gradually reintegrated under the care of the mother as soon as the situation allows it; [ 15 ] ORDERS that the contacts between the child and the mother be agreed upon by all parties; [ 16 ] ORDERS that the child and the mother take an active

part in the application of the measures ordered by the Court; [ 17 ] ORDERS that the mother report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 18 ] ORDERS that the mother remain sober in the presence of the child; [ 19 ] ORDERS that a person working for an institution or a body, provide aid, counselling and assistance to the child and the family; [ 20 ] ENTRUST the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 21 ] THE WHOLE until July 31, 2023. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Justine Carli, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Me Michaël Pereira, attorney for the mother Date of hearing: July 28, 2022