2020 QCCQ 10696, 2020 QCCQ 10696

Protection de la jeunesse — 206977 2020 QCCQ 10696 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] « Youth Division » No: 614-41-000568-206 DATE: June 16, 2020 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection of […] Health and Social Services […], working in Town A.

APPLICANT and X, born on […], 2016 CHILD and A MOTHER ______________________________________________________________________ JUDGMENT ( Sections 38 and 91 of the Youth Protection Act CQLR c. P-34.1 ) ______________________________________________________________________ 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 submits an application asking the Court to Declare that the security and development of X, 3 years old, are endangered pursuant to sections 38 b) 1° (iii) (lack of supervision) and e) 1° (physical abuse) of the Youth Protection Act . [ 2 ] For the hearing, the mother is not present, but she mandated Mtre. Michel Grenier to act on her behalf. Mtre. Yan Massé represents the child on a legal mandate and Mtre.

Magdalena Lempicka represents the applicant. [ 3 ] Through her lawyer, certain admissions were made by the mother regarding the facts. The Court, with these admissions, the testimony of Mrs. [social worker 1] and the reports filed, has preponderant evidence concerning the following facts: • The child was the subject of a previous Court order of the Youth Division Court with regards to neglect and the mother’s substance abuse. The measures ended in December 2018.

The child had been placed in a foster home for a period of six months; • On March 5, 2020, a new report was made to the Director of Youth Protection with regards to physical abuse on the part of the mother; • The mother admits having thrown a toy. The child was hit by it and suffered a laceration on his forehead.

The mother states that she did not aim at the child; • The mother admits another incident where she slapped the child, but specifies that it was not too strong; • She admits being verbally abusive toward the child; • She admits using drugs (speed); • Following the report made to the Director of Youth Protection, the child was placed in a foster home under immediate protective measures and has lived there since then; • The mother has three other children who are not under her care and live with their father; • The mother admits that the situation of X requires a placement in a foster home. [ 4 ] The problem of the mother is with speed.

She consumes speed because she can afford it and cannot afford cocaine. She has no alcohol consumption issues. [ 5 ] Clearly the mother has anger issues. To throw a toy when a child is around is to the least reckless. To slap a child in the face has absolutely no educational value. To be verbally abusive to a child will prevent him from building self-esteem.

[ 6 ] The mother does not seem to care for the needs of the child, more particularly about his psychological development. [ 7 ] The child has a speech delay for which he was not assessed. The foster family says that X’s speech has improved a lot since he is living with them.

This tells the Court that when properly stimulated, the situation of the child can improve. [ 8 ] For the time being, the mother is not collaborative with the Director of Youth Protection and does not show any effort in improving her situation. [ 9 ] Even though it was possible for her to visit her child at the foster family’s camp, she never showed up. [ 10 ] From the testimony of the applicant, the three goals to be worked on by the mother are anger management, quitting drug consumption and improving her parental skills. [ 11 ] The mother completely disappeared from the life of the child since March.

She must understand that she cannot appear and disappear from his life without any damage for the child. Therefore, the access rights will be encouraged, but they will take place only if the mother demonstrates that she can be regular in the exercise of these access rights. [ 12 ] The Director of Youth Protection recommended a placement of 9 months. The Court shares the opinion of the child’s lawyer for a shorter placement to see if the mother will take action or not. If not, a long-term placement must be contemplated in the near future.

THEREFORE, THE COURT; [ 13 ] GRANTS the application; [ 14 ] DECLARES that the security and development X, born on […], 2016, are endangered pursuant to sections 38 b) 1° (iii) and 38 e) 1° of the Youth Protection Act ; [ 15 ] ORDERS the placement of X in a foster family for a period of 6 months without any reintegration with the mother; [ 16 ] ORDERS that X receive all necessary medical and specialized services required by his situation including a development assessment; [ 17 ] ORDERS the mother to participate in anger issue and parental skills workshops; [ 18 ] ORDERS the mother to seek help from professionals or from a treatment centre for her substance abuse issues and that she follow the recommendations made by the professionals; [ 19 ] ORDERS the mother to report to the Director of Youth Protection once a week when she is in the community and to inform the Social Worker when she leaves for the bush; [ 20 ] ORDERS the mother to remain actively involved with her child’s medical appointments; [ 21 ] ORDERS that access rights with the mother be supervised by the Director of Youth Protection as for the modalities and the frequency, that they be established in the best interest of X and that they take place only if the mother is able to be regular in the exercise of these access rights; [ 22 ] ORDERS the mother to be and remain sober when in the presence of her child and to not put him in the presence of people under the influence of intoxicating substances; [ 23 ] ORDERS the mother to fully collaborate with the Director of Youth Protection and to meet the Worker upon request; [ 24 ] AUTHORIZES any service providers to share information with the Director of Youth Protection about their clients; [ 25 ] ORDERS that aid, counselling and assistance be provided to the child and his mother for a period of 6 months; [ 26 ] ORDERS any peace officer to collaborate with the execution of the Court orders if requested to do so by the Director of Youth Protection or one of its representatives; [ 27 ] ENTRUSTS the situation of X to the Director of Youth Protection of […] Health and Social Services […] who shall then see that the measures are carried out. ________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Magdalena Lempicka Ferreira, Lempicka, Attorneys Attorney for the applicant Mtre. Yan Massé Centre communautaire juridique A

Attorney for the child Mtre. Michel Grenier Michel Grenier, Avocat – B Attorney for the mother Date of hearing: June 16, 2020