2019 QCCQ 19756, 2019 QCCQ 19756

Protection de la jeunesse — 198151 2019 QCCQ 19756 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] “Youth Division” No: 635-41- 000967-197 DATE: September 25, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2016 child and A mother and B Interested party ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on September 25, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that the mother does not meet the child’s basic needs, failing to provide the child with the appropriate supervision and that a serious risk of neglect exists. [ 3 ] The Tribunal recognized the status of Interested Party to Mr. B. Mr. B is the mother’s spouse.

He acted as the child’s father since her birth. [ 4 ] Today, the Director amended the application to recommend that the child be placed in a foster family until May 31 2020, taking judicial notice that the foster family will be a member of the child’s extended family. The Director also recommends that support measures be ordered until September 23, 2020. [ 5 ] The mother, Mr. B and the child’s attorney are in agreement with the Director’s amended plan. Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting her rights?

Context and Analysis [ 7 ] The mother has issues with alcohol consumption. [ 8 ] When she goes drinking in the community, she does not always find proper supervision for the child. It happened that she would leave the child with strangers. The mother has difficulty to refuse going drinking with friends. In the past, she made poor decisions, wanting to take back her children from a babysitter event if she was not sober. The mother has not always brought the child to the nursing when needed. [ 9 ] When Mr. B is outside of the community, he can be worried by the care provided to the child by the mother.

[ 10 ] On June 29, 2019, the child’s brother, who was 2 years old, was killed by sledding dogs near the family house. It is still possible that the mother will face charges of criminal negligence in relation to this event. [ 11 ] On July 1, 2019, as the Youth Protection worker was unable to meet with the mother, immediate protective measures were invoked and the child was entrusted to her maternal aunt, Ms. C. [ 12 ] On July 4, 2019, a provisional agreement was convened with the mother, entrusting the child to her aunt, Ms.

C, for a period of 30 days. [ 13 ] During that period, contacts between the child, the mother and Mr. B were organized. The mother was always sober during the said contacts, except on one occasion, on July 5, 2019, when she came back home intoxicated, while the child was having a visit with Mr. B. [ 14 ] At this point in time, the mother is fragile as she is still grieving and dealing with her son’s death. [ 15 ] Mr. B has an important criminal past history that includes in particular charges of possession of substance, assault, uttering threat to cause death or bodily harm, intimidation and theft.

Information is to the effect that he should not be deported but that he has a condition to sign papers in Town B, once per month. Mr. B reports that he stopped consuming alcohol years ago. [ 16 ] Before August 12, 2020, the Director was considering the fact of entrusting the child to Mr. B. [ 17 ] On August 12, 2020, Mr. B punched the mother in the face. He now has criminal conditions not to reside in the same community. This new event can potentially jeopardize his immigration situation. [ 18 ] Considering this latest incident, the Director amended its recommendations.

The chosen foster family will either be the one of the child’s maternal aunt or the maternal grandmother. [ 19 ] Grief support was provided to the family and to the child.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 20 ] GRANTS the application for protection; [ 21 ] DECLARES that the security or the development of the child is endangered ( sections 38 b) 1 iii and 38 b) 2 of the Youth Protection Act ); [ 22 ] ORDERS that the child be entrusted to a foster family until May 31, 2020; [ 23 ] TAKES JUDICIAL NOTICE that the chosen family will be members of the child’s extended family; [ 24 ] ORDERS that the mother and Mr. B take an active

part in the application of any of the measures ordered; [ 25 ] ORDERS that the contacts between the child and the mother be determined by the Director as for the modalities, frequency and degree of supervision; [ 26 ] ORDERS that the contacts between the child and Mr. B be determined by the Director as for the modalities, frequency and degree of supervision; [ 27 ] RECOMMENDS that the mother seek help through Social Services for her alcohol consumption issue and her grief; [ 28 ] RECOMMENDS that Mr.

B seek help through Social Services for his Anger Management; [ 29 ] ORDERS that the child receive specific health care and health services, more particularly regarding grief; [ 30 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family including that an external educator works with the child, the mother and Mr.

B; [ 31 ] THE WHOLE until September 23, 2020; [ 32 ] ENTRUSTS the situation of X to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q. Written and signed on October 31, 2019 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Caroline Jennis and Mrs. Laurence Migué Counsel for the child

Mtre Angèle Tommasel Counsel for the mother Mtre Nada Boumeftah Counsel for Mr. B (interested party) Date of hearing: September 25, 2019