2021 QCCQ 15231, 2021 QCCQ 15231

Protection de la jeunesse — 218783 2021 QCCQ 15231 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 640-41-002416-193 DATE: September 22, 2021 (written judgment rendered on December 9, 2021) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2018 [SOCIAL WORKER 1] & [SOCIAL WORKER 2], Youth Protection workers, duly authorized by the Director of Youth Protection A, working in [...] Applicants and A, residing and domiciled at [...] 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 a decision rendered on March 12, 2021, regarding the child X, born on [...], 2018.

At that date the Court declared the security and development still endangered and maintained the child with her mother under the strict condition that the mother attend her psychiatric follow-up, until March 31, 2022. [ 2 ] The DYP submits that the situation does not allow to return the child to her mother and asks that she be entrusted to a foster family, and authorize the reintegration with the mother if the situation allows it, notably, but not exclusively, if she: • Has a proper follow-up for her mental health issues; • Respects the visit calendar; • Offers violence-free environment; • Accepts to participate in a therapy regarding parental capacity, until September 30, 2022.

Position of the Parties [ 3 ] Despite being dully served and numerous times notified about the date of court, the mother is absent and not represented. The Court proceed in her absence. [ 4 ] The child is absent, but represented by Me Nada Boumeftah. After hearing the evidence, Me Boumeftah summits to the Court that the situation continue to be endangered and that the measures suggested are in the child’s best interest. [ 5 ] The child has 2 siblings, Y (11 years) and Z (5 years). The Court is also seized with their situation.

Facts and Analysis [ 6 ] Following the last decision rendered in March 2021, and as ordered, the children were maintained under their mother’s care. The Court imposed the condition to the mother to continue her mental health follow-up.

The Court had also withdrawn certain attributes of parental authority from the mother and granted to the DYP. [ 7 ] Since that decision, the mother frequently asked for her children to be entrusted to a foster family because she felt overwhelmed. [ 8 ] Despite the Court order, she did not attend regularly her psychiatric follow-up and the last appointment she went was in May 2021. [ 9 ] She also neglects her follow-up with the Social Services.

[ 10 ] The mother refused to take her prescribed medication. [ 11 ] She speaks about the traumatic events she went through in front of the children. [ 12 ] The mother is aggressive toward the children and uses inappropriate educational methods. [ 13 ] The mother consume cannabis on a regular basis. [ 14 ] The children were entrusted under provisional measures. Unfortunately, due to the mother’s behaviour, the DYP has no choice than to move the children to another place, in another village.

A new foster family able to receive the 3 children has been found and the DYP asks that the address and phone number of this foster family remain confidential. [ 15 ] The DYP plans to organize physical contacts between the children and the mother every 3 or 4 weeks to maintain the strong bonds. The phone contacts will also be organized from the DYP office. [ 16 ] Despite the ordered rendered in March, Y did not meet with the psychologist. He is supposed to be seen by the new psychologist who will come soon in Town B. [ 17 ] The measures are in the best interest of the children.

It is sad that it is necessary to move the children to another village, but their safety has to be ensured. If the mother does not take the steps to keep her children, decisions have to be taken.

FOR THOSE REASONS, THE COURT: [ 18 ] GRANTS the application; [ 19 ] DECLARES that the security and development of the child X, born on [...], 2018, are still endangered; [ 20 ] ORDERS that the child be entrusted to a foster family, chosen by the institution operating a child and youth protection centre; [ 21 ] ORDERS that the name, the address and the phone number of the foster family remain confidential; [ 22 ] AUTHORIZES the reintegration with the mother if the situation allows it, notably but not exclusively, if she: • Has a proper follow-up for her mental health issues; • Respects the visit calendar; • Offers violence-free environment; • Accept to participate in a therapy regarding parental capacity; [ 23 ] ORDERS that the mother take an active

part in the application of the measures ordered by the Court; [ 24 ] ORDERS that the children receive health care and services required by their situation and particularly for Y, that he benefit from a psychological and medical health care follow-up without any delay; [ 25 ] ORDERS that the mother remain sober and refrain from any kind of violence in the presence of the child; [ 26 ] RECOMMENDS that the mother seek help through the Social Services or another resource deemed appropriate concerning her personal issues; [ 27 ] AUTHORIZES the Director of Youth Protection to access the information regarding the children and the mother’s presence at appointments with professionals and their level of involvement with the services provided; [ 28 ] ORDERS that the modalities, frequency and degree of supervision of the contacts between the child and the mother be determined by the Director of Youth Protection, the whole in the respect of the confidentiality of the foster family; [ 29 ] AUTHORIZES the Director of Youth Protection to perform unannounced visits at the mother’s residence when the child is present; [ 30 ] WITHDRAWS the exercise of certain attributes of parental authority from the mother; [ 31 ] GRANTS those attributes to the Director of Youth Protection namely regarding health services, school, extracurricular activities and sports; [ 32 ] ORDERS that a person working for an institution or a body, provide aid, counselling and assistance to the child and the mother; [ 33 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 34 ] THE WHOLE until September 30, 2022.

__________________________________ PEGGY WAROLIN , J.C.Q. Me Geneviève Apollon, attorney for the Director of Youth Protection Me Nada Boumeftah, attorney for the child Date of hearing: September 22, 2021