2022 QCCQ 14347, 2022 QCCQ 14347

Protection de la jeunesse — 229044 2022 QCCQ 14347 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002579-206 DATE: July 28, 2022 (written judgment rendered on September 7, 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 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 January 22, 2021, regarding the child X, born on [...], 2018. At that date the Court declared the security and development endangered and entrusted the child to the kinship foster family of the maternal grandmother, Ms. B, for one year. [ 2 ] The DYP submits that the situation does not allow to return the child to her mother and asks that the placement be prolonged with the maternal grandmother, Ms.

B, for a period of one year. 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 3 and a half years old. She is absent, but represented by Me Cassandra Neptune. After hearing the evidence, Me Neptune submits to the Court that the situation of the child continues to be endangered and that the recommended measures are in her best interest.

History of the Situation [ 5 ] On January 22, 2022 , the situation of the child was submitted to the Court. She was 2 years old. The mother had mental health issues and displays numerous suicidal behaviours. The mother refused to open up about her mental state. She changed her mind everything on everything. In September 2020, the mother was physically abusive toward the child. Following that, the mother had released conditions not to be in contact with the child. The child had been entrusted since under her grandmother and her aunt’s care. The mother was in conflict with her own family.

The Court declared that the security and development of the child were endangered [1] and entrusted her to the kinship foster family of her maternal grandmother. The contacts between the mother and the child had to be exercises following strict conditions. The measures were for the duration of one year. Facts and Analysis [ 6 ] Considering the absence of contestation, the parties file a draft agreement. [ 7 ] In this draft agreement, the parties admit the facts that justify maintaining the declaration of endangerment. The facts are the following: 3.1.

The mother still displays signs of mental health issues, but was able to make progress on her situation; 3.2. The mother still refuses to disclose the steps she takes with the available resources to address her mental health issues; 3.3. The mother’s collaboration with the Youth Protection is better;

3.4. Since the last court hearing, the child has remained under the care of her maternal grandmother, Mrs. B, and she is doing well; 3.5. During the last measures, the contacts between the mother and the child were inconsistent; 3.6. However, since or around December 2021, the mother showed mobilization and determination to have the child back under her care; 3.7. The mother recently decided to move to Town A and to establish her new residence there; 3.8. The mother’s situation is still fragile, and she needs to continue taking steps to stabilize her mental health; 3.9.

The mother will need to increase her visitations with the child to demonstrate her ability to take full parental responsibility; 3.10. The reintegration of the child under the care of the mother will need to be progressive, according to the mother’s rhythm and in the child’s best interest; 3.11. The child is vulnerable due to her young age and needs a stable environment to evolve positively; [ 8 ] The parties agree with the following measures: 5.1. That the child be entrusted to a foster family, namely the one of Mrs. B; 5.2.

That the Youth Protection will make all necessary steps to complete the evaluation of the maternal great-aunt, Mrs. C, as a living environment for the child; 5.3. That if and when the situation allows it, the child be entrusted as soon as possible under the care of her maternal great-aunt, Mrs. C; 5.4. That the child be gradually reintegrated under the care of the mother as soon as the situation allows it; 5.5. That the contacts between the child and the mother be determined by the director as for the modalities, the frequency and the degree of supervision; 5.6. That the mother takes an active

part in the application of any of the measures ordered by the tribunal; 5.7. That the mother report in person, at regular intervals, to the director to inform him of the current situation; 5.8. That a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family; 5.9.

That the situation of the child be entrusted to the Director of Youth Protection A, who shall then see that the measures are carried out; The whole until : July 31, 2023. [ 9 ] After verifying that the content of the draft agreement had been clearly explained to the mother and that the consent had been given freely, the Court declares to agree with the measures and accepts to ratify it.

FOR THOSE REASONS, THE COURT: [ 10 ] GRANTS the application; [ 11 ] DECLARES that the security and development of the child X, born on [...], 2018, are still endangered; [ 12 ] RATIFIES the draft agreement; [ 13 ] ORDERS the implementation of the following measures and ORDERS the parties to comply with those: • That the child be entrusted to a foster family, namely the one of Mrs. B; • That the Youth Protection will make all necessary steps to complete the evaluation of the maternal great-aunt, Mrs.

C, as a living environment for the child; • That if and when the situation allows it, the child be entrusted as soon as possible under the care of her maternal great-aunt, Mrs. C; • That the child be gradually reintegrated under the care of the mother as soon as the situation allows it; • That the contacts between the child and the mother be determined by the director as for the modalities, the frequency and the degree of supervision; • That the mother takes an active

part in the application of any of the measures ordered by the tribunal; • That the mother report in person, at regular intervals, to the director to inform him of the current situation; • That a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family;

• That the situation of the child be entrusted to the Director of Youth Protection A, who shall then see that the measures are carried out; • The whole until : July 31, 2023. [ 14 ] ORDERS the clerk of the Court of Quebec, Youth Division, to attach to this judgment a copy of the draft agreement to form an integrant part hereof, and to attach such copy of the judgment to be subsequently delivered. __________________________________ 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