2022 QCCQ 14308, 2022 QCCQ 14308

Protection de la jeunesse — 229030 2022 QCCQ 14308 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002501-200 DATE: January 14, 2022 (written judgment rendered on May 16, 2022) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2019 [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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to prolong a decision rendered on May 27, 2021, regarding the child X, born on [...], 2019.

At that date the Court declared the security and development still endangered and entrusted the child to a foster family with a gradual reintegration under the care of the mother if the situation allows it, until November 30, 2021. [ 2 ] The DYP submits that the situation does not allow to return the child to his mother and asks that the child be entrusted to his foster family until January 28, 2022. After which the child will be fully reintegrated with his mother. Position of the Parties [ 3 ] The mother is absent, but she is 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 2 years old. He is absent, but represented by Me Cassandra Neptune. After hearing the evidence, Me Neptune submits to the Court that the child’s security and development are still endangered and that the measures suggested are in his best interest. [ 5 ] The child has a brother Y (3 ½). The Court is also seized with his situation. history of the Situation [ 6 ] On September 2, 2020 , the Court was seized with an application for protection. The child was 13 months old.

The family was followed under voluntary measures since June 2020, due to the physical abuse on the older child from the mother’s part. X remained with his mother. In August, the mother went into the water with her son in her amautik deep enough to be submerged and a police officer arrived at the last minute to save the mother and the child. Since that time, the child was entrusted to a foster family. The mother admitted having suicidal ideation, but did not realize the seriousness of her situation. The mother had no stable place to stay, and she did not collaborate with the DYP.

The mother also has an addiction issues. The Court declared that the security and development of the child were endangered [1] and entrusted him to a foster family with a reintegration with the mother if the situation allows it. The Court also ordered that the services of an external educator be provided and that the mother be assessed by a psychologist. [ 7 ] On May 27, 2021 , the Court revised the situation. The child was developing very well and he has very good motor skills.

He was entrusted to the specialized foster family in Town A, until February 12, 2021, when he was entrusted under his biological father’s care in Town B, following a visit of the father that went very well. The father and his spouse were very happy to receive the child. Unfortunately, the couple had to deal with the loss of their daughter. The biological father had emotional difficulties to take care of X, also financial difficulties and thought about giving up as it was too hard. The father finally kept the child. The mother showed great motivation to change her way of life, but she had no place to stay.

She was living at her brother’s place who sexually abused her when she was young and who force her to drink and to take drugs. The mother started a new relationship, and she was living at her boyfriend’s place. She was pregnant and the couple is waiting the new born in June 2021. She exercised only a few contacts with her children, but

those visits were always positive. The mother interacted well with the children who were always happy to see her. The mother was also assessed by Dr. Beltempo, psychologist, who noted that the mother is suffering from many traumas from her childhood which prevent her from being emotionally available. He also notes that she is very young and immature in some aspects of her life and he recommended prioritizing life skills interventions.

The Court declared the situation of the child was still endangered and entrusted the child to a foster family with a gradual reintegration under the care of the mother if the situation allows it, until November 30, 2021. Facts [ 8 ] X was moved from foster family to foster family in Town C, in Town B and finally in Town A, but he adapted well. The last one gave up for medical reason. Following that and considering the mother’s situation improved a lot, the reintegration with the mother was completed in November 2021. [ 9 ] At the beginning of the measures, the mother did not communicate a lot with the DYP.

She gave birth in June 2021. She is in relation with the father of this child and the relation seems to be positive. She reached out the DYP in August 2021, and asked for contacts with her children. A calendar of contacts was prepared and the mother was very regular in her contacts. [ 10 ] Since the last decision, the police did not have to intervene with her and she did not drink since almost November 2020. [ 11 ] Due to the positive evolution, X had been reintegrate under his mother’s care and the process of reintegration is started for Y.

FOR THOSE REASONS, THE COURT: [ 12 ] GRANTS the application; [ 13 ] DECLARES that the security and development of the child X, born on [...], 2019, are still endangered; [ 14 ] ORDERS that X remain with the mother; [ 15 ] ORDERS that the mother report periodically to the Director of Youth Protection on the measures she apply in her own regard or in her child’s regard to put an end to the situation in which the security and development of the child are endangered; [ 16 ] ORDERS that the mother take an active

part in the application of the measures ordered by the Court; [ 17 ] ORDERS that the mother report in person, at regular intervals, to the Director of Youth Protection to inform her of the current situation; [ 18 ] ORDERS that the mother remain sober and without any violent behaviours in the presence of the child; [ 19 ] ORDERS that a person working for an institution or a body, provide aid, counselling and assistance to the child and the family; [ 20 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 21 ] THE WHOLE until August 31, 2022. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Adèle Cyr, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Me Michaël Pereira, attorney for the mother Date of hearing: January 14, 2022