2018 QCCQ 18226, 2018 QCCQ 18226

Protection de la jeunesse — 189368 2018 QCCQ 18226 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT […] LOCALITY […] Youth Division No. 635-41-000789-179 DATE: August 21, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE LUCILLE BEAUCHEMIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF X, born on [...], 2017 Child ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A child and youth protection centre Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT ( sections 73.1 and 95 , Youth Protection Act , CQLR, c.

P-34.1) ______________________________________________________________________ JB3406 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 guilty of 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 (the “Director”) submitted an application to the Court for the review of the decision rendered on July 6, 2017, entrusting the child to a foster family for six months, with a return to her mother’s care after three months under certain conditions, and ordering various assistance measures, including follow-up by social services for one year. [ 2 ] The Director of Youth Protection submitted an application to the Court to have the security and development of the adolescent declared in danger because he is a victim of psychological ill-treatment by his parents and is physically abused by his father, he is a victim of neglect regarding supervision or support, he is at serious risk of his parents not providing for his basic needs and he is at risk of physical abuse. [ 3 ] The Director alleged a long series of facts.

This judgment refers to those facts. [ 4 ] The Director recommends that the Court entrust the child to a foster family until June 7, 2019, and that it order several assistance measures, including follow-up by social services for the same period. [ 5 ] The mother admits most of the facts alleged and the father knows nothing about most of them. Both parents agree with the Director’s recommendations. They clearly choose not to be assisted by a counsel. [ 6 ] The evidence reveals the following facts. The child is a sixteen-month-old toddler.

He has many siblings and the Court has the situation of his brother Y, age two, before it. Y is his mother’s favourite, while X was unwanted and is rejected. [ 7 ] Following the last Court hearing, the child remained under the care of his parents. On June 14, 2018, the mother asked to the

Director to entrust the child to a foster family as she was overwhelmed and did not want him anymore. She disclosed that she hit the child and pulled his hair. When the youth worker went to pick up the chid, she observed that he had physical injuries from the assault, notably two black eyes, dried blood in his nose, bruises and scratches on his body and a small patch of missing hair. The child was hospitalized for one night due to the seriousness of his injuries.

Y probably witnessed violence by the mother against X. [ 8 ] The child shows signs of developmental delay. [ 9 ] Following his discharge from the hospital, he was entrusted to a foster family under immediate protective measures. [ 10 ] On the same day, the youth worker attempted to speak with the mother, but she refused to talk and slammed the door on the youth worker.

On June 20, 2018, the youth worker tried to meet with the parents, but she was informed by the paternal grandmother that the parents were out drinking. [ 11 ] On June 19, 2018, the father was released from detention following an episode of conjugal violence and was supposed to come to the office, but he did not show up. In his testimony, the father explained that they did not want this child but that they decided to have him so that he could be adopted as they knew people who wanted to adopt him. It did not work out as they wanted.

The father agrees with the child being entrusted to a foster family out of his community, even in the South. He clearly states that he does not want the child X. [ 12 ] The child is presently being fostered by C, a foster mother who wants to care for him in the long-term. She works in the North and travels to Town B. The parents are clear: they do not want any contact with the child. [ 13 ] The mother has a history of attachment difficulties with some of her children.

There is a worry that the mother will have trouble maintaining a strong bond with her child Y over time. [ 14 ] This very young child has been the innocent witness of a lot of drinking and the victim of significant neglect since his birth. On top of that, he was harshly rejected and hit by his own biological mother. [ 15 ] In the recent past, the parents proposed many people to traditionally adopt the child. The child is not an object. He was treated by his parents as an anonymous body, without feelings, with affect.

Traditional adoption must be done in the best interest of the child by people who are committed to taking care of him and protecting him.

With respect, there is no interest in a child to being traditionally adopted if he is put in a situation where his security and development are foreseeably in immediate danger. [ 16 ] The child has the right to continuity of care, stable relationships and stable living conditions corresponding to his needs and age, on a permanent basis. [ 17 ] The child’s situation requires not only the intervention of the Director of Youth Protection, but also the concern of his entire community.

THEREFORE, THE COURT: [ 18 ] ALLOWS the application; [ 19 ] DECLARES that the security and development of the child X are still in danger for the reasons already stated and because the child is a victim of psychological ill-treatment and of physical abuse by his mother.

AS MEASURES DEEMED TO BE IN THE CHILD 'S INTEREST, THE COURT: [ 20 ] ORDERS that the child be entrusted, until June 7, 2019, to a foster family chosen by the institution operating a child and youth protection centre; [ 21 ] SUSPENDS all contact between the child and his parents; [ 22 ] WITHDRAWS from the parents the exercise of the attributes of parental authority regarding health services, travelling authorizations and obtaining a passport for the child; [ 23 ] GRANTS to the Director of Youth Protection the exercise of the said attributes of parental authority; [ 24 ] ORDERS that the Director of Youth Protection prepare a life plan for the child; [ 25 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child, his family and his foster family until June 7, 2019; [ 26 ] ENTRUSTS the situation of the child X to the Director of Youth Protection of the A child and youth protection centre, who will see that the measures are carried out.

SIGNED IN TOWN C October 9, 2018 LUCILLE BEAUCHEMIN J.C.Q. Mtre. Geneviève Apollon Counsel for the Director of Youth Protection Mtre. Cassandra Neptune Counsel for the child Date of hearing: August 21, 2018