2019 QCCQ 10891, 2019 QCCQ 10891

Protection de la jeunesse — 191519 2019 QCCQ 10891 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth division »

N° : 455-41-001099-175 DATE : February 21, 2019 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on [...], 2017 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of CIUSSS A, working at [...]; Applicant -and- A , [...]; -and- UNDECLARED FATHER ; Child’s parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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.). Introduction [ 1 ] The Director is requesting that the security and development of X be declared still in danger for the motive of risk of neglect under

section 38 b) 2 ̊ of the Youth Protection Act. [ 2 ] Today the Director is recommending that X be entrusted to a foster family, namely the one of his great-aunt Ms. B, that the contacts between him and his mother be under the supervision of a third party designated by the Director and upon agreement between the parties and that X receives specific health care and services as needed. [ 3 ] The Director also asks the Court to withdraw from the mother the exercise of certain attributes of her parental authority and to entrust the exercise of these attributes to Ms.

B. [ 4 ] The Director also asks the Court to take notice of his intention to actualize a permanent life plan for X, namely a demand to declare the child eligible for adoption. Finally, the Director proposes some other measures, including a social follow-up for a period of one year. [ 5 ] The mother is present and represented by her lawyer. She agrees with the recommendations. [ 6 ] The child’s lawyer, after hearing the evidence and reading the reports, is raising the question of the adequacy of maintaining contacts between the child and his mother.

This particularly in the context that contacts seem to benefit only the mother and also considering the adoption plan for the child. Question in litigation [ 7 ] Should contacts with the mother be maintained?

Context and Analysis [ 8 ] The Director is requesting the revision of the Court order rendered on February 7, 2018, that entrusted X to the foster home of Ms. B, ordered that the contacts with the mother be upon agreement between the parties and supervised by a third party designated by the Director, withdrew the exercise of certain parental attributes from the mother to be exercised by Ms. B, along with other measures including a social follow up for a period of one year. [ 9 ] Since this Court order, X has remained with Ms.

B where he receives answer to his needs. [ 10 ] He has created a special bond with his great-aunt and now calls her “mama”. [ 11 ] X exhibits developmental delays for which he needs specialized services. [ 12 ] The CMR will provide with physiotherapy, ergo therapy and speech therapy. [ 13 ] Late November 2018, a tumour was found in X’s right eye.

Considering the malignant nature of the tumour, he had an operation to remove the eye. [ 14 ] The mother’s situation has remained the same during the year following the order. [ 15 ] She still used drugs and neglected her mental health issues and continued to be unstable residentially. [ 16 ] The mother’s participation with the social follow-up is not up to par.

She sometimes acknowledges her difficulties but does not take steps to address them. [ 17 ] In January 2019, during the review process, the mother said she would sign a consent for adoption, knowing X to be well taken care of by her aunt. [ 18 ] As for her contacts with her son, they have been irregular and often very short. [ 19 ] For example, the mother could see X 3 to 5 times a week but only spend a few minutes with him. [ 20 ] The child does not go to his mother. He generally does not react to her presence.

At times, he even reacted negatively. [ 21 ] When the mother testifies, she claims she wants to change now, hoping to spend more time with her son. [ 22 ] She mentions that the last year was very difficult for her, as she lost her mother and was dealing with her grief and the pain of her mourning. [ 23 ] Lately, she went to Foster Pavillion to address her drug use issues and has met her doctor 3 times. [ 24 ] The child’s lawyer claims it would be in the child’s best interest to forbid the contacts with the mother. [ 25 ] He alleges that the bond is poor and that these visits only benefit the mother. [ 26 ] The mother wants the Court to fix these contacts at once a week before reducing them. [ 27 ] The Director claims that this would be unrealistic as the mother in unable to follow a calendar for contacts, as was tried before. [ 28 ] The Court wants to first remind the parties that it already took notice that the return of the child to his mother’s care is not possible and that an alternative life plan must be found for X. [ 29 ] At this point in time, the plan for adoption by his great aunt, who takes such good care of him, attends all his numerous medical appointments and collaborates well with the Director seems in X’s best interest. [ 30 ] It is also a fact that there is no real affectionate bond between X and his mother. [ 31 ] Why then maintain contacts with her? [ 32 ] Because, forbidding them would make it difficult for his great-aunt to respect that order and could compromise his life plan. [ 33 ] We must have in mind that the great-aunt is also a support for the mother.

Sometimes the mother stays at her place when she has no place to go. [ 34 ] The few contacts that she has with her son does not cause any harm to the child. [ 35 ] In that sense, the Court considers that suspending or forbidding contacts with X would not be in his best interest. [ 36 ] His life plan is adoption within the family. The Court must take this into consideration and render an order that can realistically be respected. [ 37 ] The present judgement completes and confirms each and every observations that were made on the bench in presence of the parties. FOR ALL THESE MOTIVES THE COURT :

GRANTS the present application; DECLARES that the security and development of the child X are still in danger; REVISES the Court order rendered on February 7, 2018 in the present file; ORDERS that the child X be entrusted to a foster family, namely to his great-aunt Ms.

B; ORDERS that the contacts between the child X and his mother be under the supervision of a third party, designated by the Director of Youth Protection, upon agreement between the parties; ORDERS that the mother reports periodically, at regular intervals, to the Director of Youth Protection on the measures she applies in her own regard or in X’s regard to put an end to the situation in which the security and development of the child are in danger; ORDERS that the mother take an active

part in the application of any of the measures ordered by the Court; ORDERS that X receives specific health care and services needed; WITHDRAWS from the mother the exercise of certain attributes of her parental authority regarding school and extracurricular registrations, recreational activities, passport applications, travel authorizations and driver’s licence authorizations, and ENTRUSTS the exercise of the said attributes to the foster family, Ms.

B; TAKES NOTICE of the Director of Youth Protection’s intention to actualize a permanent life plan for X, namely an adoption eligibility request; ORDERS that a person working for CIUSSS A or any other establishment or body, provide aid, counsel and assistance to the child and his mother for a period of one year; ENTRUSTS the situation of the child X to the Director of Youth Protection to see that the measures are carried out. __________________________________ PASCALE BERARDINO, J.C.Q.

Me Andréanne Lacasse Counsel for the Director Of Youth Protection Me René Sévigny Counsel for the children Me Pascale Gauthier Counsel for the mother Date of written judgment : April 5, 2019 Exhibits deposited : D-6 Date of hearing : February 21, 2019