2019 QCCQ 14833, 2019 QCCQ 14833

Protection de la jeunesse — 1911142 2019 QCCQ 14833 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 640-41-001201-091 DATE: September 10, 2019 (written judgment rendered on January 6, 2020) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2009 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A, district A (Quebec) […] Applicant and A, deceased Mother and B , residing and domiciled at […] in Town B, district A (Quebec) […] 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 review a decision rendered on May 22, 2018, regarding the child X, born on [...], 2009. At that date, the Court declared the security and development still endangered and entrusted the child to a foster family. [ 2 ] The DYP submits that the situation does not allow a return of the child to his father and that the placement has to be extended. Position of the parties [ 3 ] The father is absent, but represented by Me Tommasel.

He recognizes that the security and development of his child are still endangered and he agrees with the measures. [ 4 ] The child is present and represented by Me Sinnett. He recognizes that his security and development are still endangered and he agrees with the measures if he stays in the same foster family. History of the situation [ 5 ] On July 16, 2009 , the situation of X was submitted to the Court. He was 2 months old. He was entrusted to a foster family in the region of Town C after his birth. The parents had alcohol and conjugal violence issues.

The father was detained for violence against the mother and was released before the child’s birth. The parents’ separated a few times. The mother consumed during her pregnancy and started again a few days after the child’s birth. When the parents had no alcohol, they used mouthwash to get intoxicated.

The Court declared that the security and development of the child were endangered [1] and entrusted the child to a foster family for a period of six months. [ 6 ] On December 9, 2009 , a provisional order was rendered and the child was maintained in a foster family. [ 7 ] On February 16, 2010 , the evidence revealed that despite their participation in a therapy, the parents still displayed alcohol and conjugal violence issues. A few police interventions were needed for violence between both parents and the last time, the father was injured and medevaced to Town C.

The mother was found guilty and was sentenced to two years of detention. The Court entrusted the child to a foster family for a period of six months. [ 8 ] On July 15, 2010 , the evidence showed that X has stayed in the same foster family since the beginning of the placement and he was doing well. The parents recognized not being able to meet their son’s needs and agreed that he could be adopted.

The Court entrusted the child to a foster family for another six months in order to prepare a request of eligibility for adoption. [ 9 ] On January 12, 2011 , a provisional order was rendered and the child was maintained in a foster family.

[ 10 ] On May 17, 2011 , the DYP assessed the foster parents (C and

D) who have been taking care of X since he is 3 months old. They took very good care of the child and are very attached to him. The foster father has prior convictions of conjugal violence. The evidence also revealed that events of conjugal violence did not occur anymore and their conjugal situation was now stable. The father agreed with a long-term placement with this family.

The Court was convinced of the interest of the child to be fostered by them despite the prior convictions and the Court entrusted the child until he reaches his majority and gave them attributes of parental authority. [ 11 ] On April 13, 2017 , a provisional order was rendered and the child was entrusted to Ms. E. [ 12 ] On June 12, 2017 , the evidence revealed that the foster father was detained and the foster mother was hospitalized twice for mental health issues. Also X was exposed to substances abuse and conjugal violence. The child went to live at his foster mother’s parents with his foster mother in Town A.

The child is doing better there and the parents are able to take care of him while his foster mother is recovering. The child displayed attachment issues. His biological father was in jail, and his biological mother disappeared for many years. Recently, the child was transferred with his foster mother’s sister and he was doing well. The Court entrusted him to a foster family for one year. [ 13 ] On May 22, 2018 , the Court noted that since the last hearing, the child remained with E. A few times, he expressed that he missed his foster parents. The foster father came back from jail and asked to resume X’s care.

The foster parents made great efforts to demonstrate their willingness, but the foster mother’s mental health issues were too serious. In January 2018, the DYP agreed to return the child under their care. The foster parents were very happy and prepared his room. The day of his arrival, the foster mother disorganized herself, was arrested and send down South in jail. Another event occurred with the foster mother in April while she was walking in the street with a knife. She was injured during the police intervention and was hospitalized in Town C for a few days.

Because of the very strong bond and the capacity of the foster father to take good care of the child, the Court maintained him in a foster family until May 31, 2019. [ 14 ] On May 24, 2019, a provisional order was rendered and the previous orders were maintained. Those measures were extended on July 4, 2019 . Facts [ 15 ] On June 17, 2018, one month after the last decision, the child was entrusted to Ms. E because his foster parents were in Town C for medical reasons. [ 16 ] X is doing well at Ms.

E’s place [ 17 ] The mother and her sister committed suicide in March 2019, and the father has not been regularly involved in his child’s life for many years. His brother committed suicide in December 2018. [ 18 ] The DYP received a report of violence toward the child from Mr. D. As X was already at Ms. E’s place, the DYP decided to maintain him there. [ 19 ] X remained very attached to Ms. C and Mr. D, who are the most significant people in his life. He still has contacts with them, and the DYP worker does not consider necessary to supervise those contacts, as the violent physical event was an isolated one. Mr.

D lost patience because of all he had to deal with. He still loves X a lot and shows him all his affection. Analysis [ 20 ] As admitted by the father, the child, and proven by the DYP, the situation of X remains endangered. [ 21 ] Considering his need for stability, the Court will recommend that he be entrusted to Ms. E as he knows her and he could maintain contacts with his previous foster parents.

FOR THOSE REASONS, THE COURT: [ 22 ] GRANTS the application; [ 23 ] DECLARES that the security and development of the child X, born on [...], 2009, are still in danger; [ 24 ] ENTRUSTS the child to a foster family chosen by the Director of Youth Protection; [ 25 ] STRONGLY RECOMMENDS that the foster family be the one of Ms. E in Town D; [ 26 ] ORDERS that the child and the father take an active

part in the application of any of the measures ordered by the Court; [ 27 ] ORDERS that the child attend school on a daily basis; [ 28 ] ORDERS that a person working for an institution or body, provide aid, coun-selling and assistance to the child, the father, the foster family and Ms. C and Mr. D; [ 29 ] ORDERS that the modalities, frequency and degree of supervision of the contacts between the child and the father be determined by the Director of Youth Protection; [ 30 ] ORDERS that the child and the foster family benefit from the services of an external educator on a regular basis; [ 31 ] MAINTAINS the contacts between the child, Ms. C, and Mr. D;

[ 32 ] ORDERS the Director of Youth Protection to prepare a life plan for X; [ 33 ] ORDERS any police force to collaborate with the execution of the Court order if requested to do so by the Director of youth protection or one of his representatives; [ 34 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out; [ 35 ] THE WHOLE until the end of April 2020. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Robert-André Adam, attorney for the Director of Youth Protection Me Kelly Ann Sinnet, attorney for the child Me Angèle Tommasel, attorney for the father Date of hearing: September 10, 2019