2021 QCCQ 15179, 2021 QCCQ 15179

Protection de la jeunesse — 218774 2021 QCCQ 15179 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 635-41-001016-200 DATE: September 22, 2021 (written judgment rendered on December 2, 2021) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on […], 2017 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A, confidential address Mother and B, residing and domiciled at [...] Father ______________________________________________________________________ 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 August 28, 2020, regarding the child X, born on [...], 2017.

At that date the Court declared the security and development still endangered and entrusted the child to a foster family with a possible reintegration in the mother’s care if the situation allows for it, until August 31, 2021. [ 2 ] The DYP submits that the situation does not allow to return the child to his parents and asks that the child be entrusted to a foster family, until April 30, 2022. Position of the Parties [ 3 ] The mother is present and represented by Me Nada Boumeftah.

She recognizes that the security and development of her child are still endangered and she agrees with the measures if the children remained entrusted in a foster home in Town A and she asks for more contacts. [ 4 ] Despite being dully served, the father is absent and not represented. The Court proceeds in his absence. [ 5 ] The child is absent, but represented by Me Kelly Ann Sinnett. After hearing the evidence, Me Sinnett submits to the Court that his situation continue to be endangered and that the measures suggested are in his best interest. [ 6 ] The child has one sister Y (2).

The Court is also seized with her situation. History of the Situation [ 7 ] On January 27, 2020 , the Court ordered that the children remained with their mother to a confidential address under provisional measures. [ 8 ] On March 17, 2020 , the Court was seized with an application for protection. The situation of the children was known from the DYP since August 2018, due to the reception of a report. 8 months later the DYP concluded of endangerment and the parents signed voluntary measures.

The parents recognized that the children were victims of psychological ill-treatment, and agreed to address their personal issues while the children were maintained under their care. In January 2020, during a conjugal dispute the mother and the baby were injured by the father heavily intoxicated and suicidal. An immediate protective measure was taken, and the mother moved to a confidential address. Since the event, the mother was taking care of her children and she was very collaborative, but she still had some personal issues (depression, symptoms of withdrawal of cannabis and gambling problems).

She decided to definitively end the relation with the father. The father was conscious about his issues, but had difficulty to mobilize himself to address it. The Court declared that the security and development of the children were endangered [1] and ordered that the children remained with their mother until January 31, 2021.

[ 9 ] On July 27, 2020 , the Court entrusted the children to their aunt, Ms. C on provisional measures. [ 10 ] On August 28, 2020 , the Court revised the situation. The parents resumed their conflictual relationship and the mother did not respect the modalities of contacts between the father and the children. The mother collaborated less and the parents were still struggling with drugs and alcohol consumption. The Court entrusted the children to a foster family with a possible reintegration with the mother, the whole until August 31, 2021. Facts and Analysis [ 11 ] X is fostered by Ms. D in Town B.

He is not attending daycare. He plays with the other children living at Ms. D’s place and no concern is raised regarding is development. [ 12 ] His sister is placed in a foster family in Town A. The DYP tried to place both children in the same foster family, but no one was available to foster both. [ 13 ] The mother is currently living with her partner, Mr. E. They live in a cabin where the mother cannot exercise her contacts. The presence of Mr. E seems positive for the mother as she was able to reduce her alcohol consumption. [ 14 ] The mother made a request to have her own house, and she is on a waiting list.

She is working full time at the hotel. [ 15 ] The mother stopped her follow-up with the Social Services due to her work schedule, but she always respected the Court requirements and was always sober during the visit with her children. She maintains a good collaboration with the DYP services. She does not hesitate to ask for help, she communicates weekly about her situation and she seems comfortable to speak about her situation. [ 16 ] The mother pressed charges against the father for conjugal violence. He has the criminal condition not to be in contact with the mother and not to be in Town A.

Doing so, he is now living in Town B at his father’s place. [ 17 ] The father was not collaborative since the last decision. He asked to have contacts with his children, but did not take any steps to concretize those contacts. [ 18 ] When sober, the mother is known to have very good parental capacities. The mother had some contacts with her son X, but those contacts require from her that she travels. The last time she went, she ended with the father because she had no place to stay and charges for conjugal violence were raised against him. [ 19 ] Ms.

D informed the DYP that she will not be in position to take care of X on a long term basis because she already has other children. [ 20 ] The DYP is still looking for a foster family able to foster both children. The mother’s situation is improving, but considering her housing difficulty, and the risk of relapse, it is not possible for her to resume the care of her children now. Those children deserve to have frequent contacts with their mother to maintain the strong bonds between them. [ 21 ] The best interest of the child requires that the placement be prolonged.

This will give time to hold a family council, to look for various options and for the mother to continue to improve her situation. She has very good parental capacities, she is able to remain sober for her children and she has to continue her great efforts because the best interest of the children requires that they be returned under her care. That being said, she has to understand that the maximum period of placement exist in the law and once this period is reached, the law imposes the Court to render a permanent decision. To avoid such situation, the mother has to continue to mobilize herself.

FOR THOSE REASONS, THE COURT: [ 22 ] GRANTS the application; [ 23 ] DECLARES that the security and development of the child X, born on […], 2017, are still endangered; [ 24 ] ORDERS that the child be entrusted to a foster family, chosen by the institution operating a child and youth protection centre; [ 25 ] TAKES JUDICIAL NOTICE that the Director of Youth Protection actively look for a foster family in Town A for X; [ 26 ] ORDERS that the parents take an active

part in the application of the measures ordered by the Court and fully collaborate with the Director of Youth Protection; [ 27 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 28 ] ORDERS that the parents remain sober from drugs and alcohol and refrain from any kind of violence in the presence of the child; [ 29 ] RECOMMENDS that the father seek help through the Social Services or another resource deemed appropriate concerning his substance abuse, personal issues and anger management; [ 30 ] RECOMMENDS that the mother seek help through the Social Services or another resource deemed appropriate concerning her substances abuse, relationship issues and emotional dependency; [ 31 ] AUTHORIZES the Director of Youth Protection to access the information regarding the parents’ presence at appointments with professionals and their level of involvement with the services provided;

[ 32 ] ORDERS that the modalities, frequency and degree of supervision of the contacts between the child and the parents be determined by the Director of Youth Protection; [ 33 ] ORDERS that the contacts between the children and the mother be frequent and regular, to maintain the bonds between them; [ 34 ] AUTHORIZES the Director of Youth Protection to perform unannounced visits at the parents’ residence when the child is present; [ 35 ] ORDERS that a person working for an institution or a body, provide aid, counselling and assistance to the child and the family. [ 36 ] ENTRUSTS the situation of the child X, to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 37 ] THE WHOLE until April 30, 2022. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Geneviève Apollon, attorney for the Director of Youth Protection Me Kelly Ann Sinnett, attorney for the child Me Nada Boumeftah, attorney for the mother Date of hearing: September 22, 2021