2022 QCCQ 14365, 2022 QCCQ 14365

Protection de la jeunesse — 229060 2022 QCCQ 14365 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002671-219 DATE: January 14, 2022 (written judgment rendered on May 16, 2022) ______________________________________________________________________ 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 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 prolong a decision rendered on May 27, 2021, regarding the child X, born on [...], 2018.

At that date the Court declared the security and development endangered and entrusted the child to a foster family with a gradual reintegration under the care of the mother if the situation allows it, until November 30, 2021. [ 2 ] The DYP submits that the situation does not allow to return the child to his mother and asks that the child be entrusted to his foster family until January 28, 2022. After which the child will be fully reintegrated with his mother. Position of the Parties [ 3 ] The mother is absent, but she is 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 3 ½ years old. He is absent, but represented by Me Cassandra Neptune. After hearing the evidence, Me Neptune submits to the Court that the child’s security and development are still endangered and that the measures suggested are in his best interest. [ 5 ] The child has a brother Y (2). The Court is also seized with his situation. history of the Situation [ 6 ] On May 27, 2021 , the Court was seized with the situation of the child.

On June 1, 2020, the mother signed a voluntary measure in which she recognized that she physically abuse the child and she agreed to entrust him to a kinship foster family, and to seek help for her personal issues. But, the mother never started any regular follow-up with the Social Services. The biological father is undeclared, but known. He is involved with the child and he had regular contact with him before the DYP’s involvement and when the DYP looked for a foster family, the father and his spouse, Ms. B were the one who fostered him.

During the voluntary measures, the child was moved a lot between the father’s place and different aunts’ place. The mother showed great motivation to change her way of life, but she had no place to stay. She was living at her brother’s place who sexually abused her when she was young and who force her to drink and to take drugs. The mother started a new relationship, and she was living at her boyfriend’s place. She was pregnant and the couple is waiting the new born in June 2021. She exercised only a few contacts with her children, but those visits were always positive.

The mother interacted well with the children who were always happy to see her. The mother was also assessed by Dr. Beltempo, psychologist, who noted that the mother is suffering from many traumas from her childhood which prevent her from being emotionally available. He also notes that she is very young and immature in some aspects of her life and he recommended prioritizing life skills interventions. The child is still with his aunt, Ms. C who confirmed being ready to foster the child on a long-term basis if the mother does not mobilize herself. Ms.

C is concerned by the fact that the child was moved so many times since the beginning of the DYP involvement, and she is also concerned

by the fact that the mother never reach her to have news or contacts with her son. The Court declared the situation of the child endangered [1] and entrusted the child to a foster family with a gradual reintegration under the care of the mother if the situation allows, it until November 30, 2021. Facts [ 7 ] X is still entrusted to Ms. C in Town A. He is developing well, but Ms. C raise some concerns about possible regression in his development. After putting in place some measures and after having more frequent contacts with his mother, the child started to improve a lot. When needed, Ms.

C asks the support of the biological father and his spouse and they are well supportive. [ 8 ] At the beginning of the measures, the mother did not communicate a lot with the DYP. She gave birth in June 2021. She is in relation with the father of this child and the relation seems to be positive. She reached out the DYP in August 2021, and asked for contacts with her children.

A calendar of contacts was prepared and the mother was very regular in her contacts. [ 9 ] Since the last decision, the police did not have to intervene with her and she did not drink since almost November 2020. [ 10 ] Due to the positive evolution, Y had been reintegrate under his mother’s care and the process of reintegration is started for X. FOR THOSE REASONS, THE COURT: [ 11 ] GRANTS the application; [ 12 ] DECLARES that the security and development of the child X, born on [...], 2018, are still endangered; [ 13 ] ORDERS that X be entrusted to his foster family until January 28, 2022.

After which the child will be fully reintegrated with his mother; [ 14 ] ORDERS that the mother report periodically to the Director of Youth Protection on the measures she apply 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 endangered; [ 15 ] ORDERS that the contacts between X and the mother be agreed upon by all parties; [ 16 ] ORDERS that 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 her of the current situation; [ 18 ] ORDERS that the mother remain sober and without any violent behaviours 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 ] ENTRUSTS 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 August 31, 2022. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Adèle Cyr, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Me Michaël Pereira, attorney for the mother Date of hearing: January 14, 2022