2018 QCCQ 19369, 2018 QCCQ 19369

Protection de la jeunesse — 1810757 2018 QCCQ 19369 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000733-169 DATE: October 29, 2018 (written judgment rendered on December 4, 2018) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2016 [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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to review and prolong the decision rendered on March 29, 2018, regarding the child X, born on [...], 2016.

At that date, the Court declared the security and development still in danger and entrusted the child to a foster home until October 31, 2018. [ 2 ] The Director submits that the security and the development of the child continue to be in danger and recommends that the child be entrusted to a foster family until the majority. [ 3 ] The mother is present and represented by Me Léonard. She admits most of the alleged facts but disagrees with the measures. [ 4 ] X who is now 2 years old is absent but represented by Me Neptune.

After hearing the evidence, her lawyer invites the Court to grant the application and the requested measures. Historical situation [ 5 ] On January 24, 2017, the Court was seized with an application for protection. The mother had alcohol and drug issues and she was known to sell drugs. Voluntary measures have been signed in July 2016, and X was entrusted to his grandmother. The mother wanted to seek help and has good parental capacities when she is sober.

At that date, the Court declared the security and development of the child in danger [1] and entrusted him to a foster family with a possibility of reintegration with the mother if the situation allows it. [ 6 ] On November 30, 2017, the Court revised the previous decision. The mother went into a therapy but her situation did not improve. The DYP raised concerns regarding psychological and physical development of X. The mother was involved in a violent conjugal relationship and continued to display suicidal ideation. X is doing well at Ms.

B’s place and she is able to manage the access between the mother and the child. The court maintained the situation of the child in danger and entrusted him to Ms. B until he reaches his majority. [ 7 ] In January 2018, X has to be moved from Ms. B’s place to another foster family because of allegations of physical abuse at Ms. B’s place. Since this date X lives with Ms. C and Mr. D. The mother still displayed consumption issues and suicidal ideation which brought her to be hospitalized. On March 29, 2018, Justice Gravel entrusted the child to a foster family until October 31, 2018.

Facts [ 8 ] X is still living with Ms. C and Mr. D and is doing very well. They are living in Town A. X starts to speak French. The foster family wishes he would go to daycare to connect with other children and to learn [Language A] but there is no place available at the daycare in Town A so he is still on a waiting list. [ 9 ] The mother continues to display excessive alcohol consumption issues and many events were reported by the police force and by the Social Services involving the mother since the last order.

She was incarcerated for drinking and driving, for mischief, for breach and because she was not present at the criminal court.

[ 10 ] She was also hospitalized few times because she tried to commit suicide. [ 11 ] The mother was unreachable most of the time and did not benefit from all the possibilities of access. She saw her son once in May 2018, but the police intervention was necessary because she did not bring back the child as scheduled. She saw him once more when she met the foster mother at the grocery store and this latter offered her to come to see the child who was in the car. The mother requested other access which was organized but she did not show up. X has no bonds with his mother.

He does not recognize her. [ 12 ] The mother lived in Town A for a while and moved to Town B at the beginning of October 2018, where she lives with relatives. Her situation seems to improve since she is there. Indeed, she was not reported as intoxicated for three weeks and she is waiting to go to a six-week treatment in Town A. She works part-time at the daycare. [ 13 ] The foster parents live in Town A since one year and do not plan to move back down south in a near future. Mr. D works and Ms. C is at home with X. They have biological children who are now adult and independent.

They fell concerned by the importance of the Inuit culture in the life of X and his interest to develop bonds with his mother. [ 14 ] The foster family travelled to Town B recently for a contact between X and his extended family. At the beginning, the grandmother was disappointed to see her grandson entrusted to a non-[Origin A] family but finally, the contact went well and everybody appreciated this moment. The foster parents confirm to be available to facilitate access with the extended family by travelling from time to time to Town B.

Analysis [ 15 ] The evidence clearly shows that the mother is not in position to take care of her son and considering that her mobilization is very recent, she won’t be able to make it in a near future. [ 16 ] X was entrusted for the first time when he was one month old. The actual foster family is the seventh one. They are available and willing to offer him stability and a warm environment.

They recognize the importance for X to maintain contact with her mother and the extended family and also to be in contact with the culture A. [ 17 ] Considering the maximum delay of placement is reached and considering the situation of the mother, the Court concludes that the requested measures are in the best interest of the child and will allow him to grow up in a safe and stable environment.

FOR THOSE REASONS, THE COURT: [ 18 ] GRANTS this application; [ 19 ] DECLARES that the security and the development of the child X, born on [...], 2016, continue to be in danger; [ 20 ] ORDERS that the child X be entrusted to Ms. C and Mr. D until he reaches his majority; [ 21 ] ORDERS that the mother take an active

part in the application of any of the measures ordered by the Court; [ 22 ] ORDERS that the mother report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 23 ] ORDERS that the mother remain sober in the presence of the child; [ 24 ] RECOMMENDS that the mother seek help through the Social Services concerning her alcohol and personal issues; [ 25 ] ORDERS that the contacts between the child and his mother be supervised by the Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 26 ] ORDERS that the contacts between the child and his siblings be facilitated and determined by Director of Youth Protection, as for frequency, modality and terms; [ 27 ] ORDERS that aid, counselling or assistance be provided by the Director of Youth Protection to the child, the mother and the foster family until [...], 2034; [ 28 ] ORDERS the police to collaborate to the execution of the enactment; [ 29 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection A, who shall then see that the measures are carried out. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Geneviève Apollon, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Me Marianne Léonard, attorney for the mother Date of hearing: October 29, 2018