2021 QCCQ 17264, 2021 QCCQ 17264

Protection de la jeunesse — 214671 2021 QCCQ 17264 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002464-201 DATE: February 26, 2021 (written judgment rendered on May 28, 2021) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2020 [SOCIAL WORKER 1] & [SOCIAL WORKER 2], Youth Protection workers, duly authorized by the Director of Youth Protection A, working in [...] Applicants and A, residing and domiciled at [...] 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 review a decision rendered on July 8, 2020, regarding the child X, born on [...], 2020.

At that date the Court declared the security and development endangered, entrusted the child to a foster family and ordered that a gradual reintegration under the mother’s care begins after 2 months and that the child by fully integrated to mother’s care in 5 months, the whole until July 8, 2021. [ 2 ] The DYP submits that the situation does not allow to return the child to her mother and asks that the child be entrusted to a foster family until November 30, 2021. Position of the parties [ 3 ] The mother is absent, but represented by Me Angèle Tommasel.

She recognizes that the security and development of her child are still endangered and she agrees with the measures, but ask for a reintegration as soon as possible. [ 4 ] The child is absent, but represented by Me Cassandra Neptune. On her client’s behalf, Me Neptune submits to the Court that the situation of the child remain endangered and that the recommended measures are in her best interest. History of the Situation [ 5 ] On June 25, 2020 , the Court entrusted the child to a foster family under provisional measures. [ 6 ] On July 8, 2020 , the Court was seized with an application for protection.

The child was 4 and a half months old. The evidence shows that the mother and B have an alcohol consumption issues and were many times intoxicated in the presence of the oldest daughter. X was hospitalized after birth for a long period of time. She had to be tube feeding and her immune system was deficient. She suffers from sucrase isomaltase deficiency. On June 13, the child was getting better and she was transferred to the hospital of City A. The mother was not present at the hospital. Mr. B has an anger management issue and refused to collaborate with the DYP.

The mother wanted to be more present with X, but she had to take care of her older daughter. The Court declared that the security and development of the child were endangered [1] and entrusted her to a foster family. The Court also ordered that the reintegration start after 2 months and be completed after 5 months. [ 7 ] On October 6, 2020 , the Court entrusted the child to a foster family under provisional measures Facts [ 8 ] The DYP worker explains that the child has no birth certificate because Mr. B did not sign his portion of the birth declaration.

The DYP worker was told that the [Province B] Government should intervene in a certain way in the process of birth declaration probably by receiving this document before issuing the birth certificate. [ 9 ] Numerous attempts were done to meet Mr. B to make him sign. For the DYP worker as long as he does not sign the birth

declaration, the child cannot have a birth certificate. And without a birth certificate she cannot have health card. Luckily, the doctors in [Province B]tolerate such situation. [ 10 ] The medical situation of the child begins to improve in July 2020. Before that, she needed to have medical appointments 3 times a week, but after that, she started gaining weight and the medical appointment was needed only once a week. According to the doctor’s observation, X was making very great improvements and she was on the right path to catch up her delay. [ 11 ] The solid food started to be integrated to her diet.

The parents and the foster parents received the explanations from the nutritionist. This requires a very strict protocol. [ 12 ] A reference was made in ergotherapy and she had her first appointment on November 5, 2020. [ 13 ] X is now interacting very well with the adults, she smiles and she gains strength in her legs. [ 14 ] The DYP worker indicates that the situation of the mother and Mr. B did not change since the last decision. The mother does not see any problem with her consumption nor the impact on her children. Doing so, she does not consider that she need help. [ 15 ] The mother and Mr.

B did not benefit from all the contacts they were allowed to, for various reasons despite the reminders made by the DYP worker, and the facilities offered to them such as a babysitter for the older child, transportation, etc. [ 16 ] At the provisional hearing held in October 2020, the Court reminded again to the mother and Mr. B the importance to be very present with the child and to exercise all the contacts they are allowed to.

Following that, the DYP worker made a calendar of visits until the hearing on the application of revision and suggested continuing with 3 contacts per week and to increase the duration of the contacts starting on November 9, if different conditions were respected. Unfortunately, the mother and Mr. B did not respect those contacts and the duration of the visits were maintained the same as before. [ 17 ] During the contacts which takes place at the mother and Mr.

B’s place or at the grandmother’s place, the parents are generally taking good care of the child, but it was noted that they do not give the milk according to the medical recommendations. That had an impact on the strict routine she has to follow and on her capacity to continue gaining weight. [ 18 ] The DYP worker explains that the mother and Mr. B had the opportunity to demonstrate their willingness to get involved in the child’s life, but they did not take this chance. Their interest is questionable.

Moreover, X has very special needs which requires that her caregivers be very conscious of and very available to respect the very strict medical prescription. The DYP worker is to the opinion that the mother and Mr. B were not able to show that they are able to put the priority on the child. [ 19 ] Since November 2020, the mother and Mr. B’s involvement toward X decrease and they did not come to visit her nor participate to the medical appointment. [ 20 ] Considering the lack of involvement from the mother and Mr. B, the DYP look for a foster family.

Steps were made to find one in the [Province B], without success. A family in City B was found and the mother and Mr. B were informed. On January 2, 2021, the child travelled and integrated her new environment. The child reacted well. This foster family already fosters an Inuit child and is conscious about the importance to maintain a link with the culture. They are available for video calls between the child, the mother and Mr. B and they are also available to travel to the North. [ 21 ] The day before the hearing, the DYP had to intervene in the house because of the mother and Mr. B’s intoxication.

The DYP worker considers that this intoxication, the previous day, explains the mother’s absence. Mr. B came at the hearing, but left before the end. [ 22 ] The child’s medical follow-up will continue in City B. The medical file was transferred. Considering the child has no health card, if there is some fees, the DYP will reimburse the foster parents. [ 23 ] Questioned about the way the child was authorized to travel without having a birth certificate, the DYP worker explains that the DYP prepared a document which had been accepted by the authorities.

Analysis [ 24 ] Despite the comments made at the previous hearing to invite the mother and Mr. B to take urgent steps to address their issues, their situation continued to degenerate and the child was maintained in a situation of endangerment. [ 25 ] X has very specific needs, and she should be surrounded by very available caregivers. Considering the mother and Mr. B’s situation and to ensure her well-being and her appropriate development, the DYP took the appropriate decision by looking for a foster family willing to invest on a long term basis. Indeed, the mother and Mr.

B’s capacity to change seems to be poor as they do not recognize any issues. [ 26 ] Everyone would have preferred that a relative could raise his or her hand and declare to be available to foster her, but despite the attempts from the DYP to organize family council no one showed up and the mother and Mr. B never suggested any name. [ 27 ] The Court is concerned by the question of the birth certificate. This child is now 1 year old and it is the second time the Court is seized with her situation. As every child, she has the right to have a birth certificate.

Not being declared to the Directeur de l’État civil makes her not having any identity, with all the consequences. She has the right to have a health card and, moreover, with the medical issues that she has. [ 28 ] It is very difficult to understand how it can be possible for a DYP worker not to know how a child is declared at birth. It is difficult to understand how the DYP worker could think that the [Province B] Government could have a role to play in such declaration.

It is also difficult to understand that the DYP, or the other colleagues, did not give her explanation about that. And it is difficult to understand how the DYP lawyer filed two applications in this situation without alleging any difficulty with the birth certificate, without counselling his or her client about the necessity for a child to have a birth certificate and how to obtain it. And finally, how can it be possible that the application does not contain any conclusion about such issue?

Is the DYP having time to waste with filing medical documents to reimburse the foster parents and to prepare documents to allow the child to travel? Seeing the files presented to the Court, the Tribunal is well aware that the DYP has much better to do! [ 29 ] For those reasons, the Court will withdraw the attributes of parental authority from the mother and will order the DYP to register the child.

FOR THOSE REASONS, THE COURT: [ 30 ] GRANTS the application; [ 31 ] DECLARES that the security and development of the child X, born on [...], 2020, are still endangered; [ 32 ] DECLARES that the rights of the child were wronged by the Director of Youth Protection due to the default from the Director of Youth Protection to take steps to register the child to the Directeur de l’état civil; [ 33 ] ORDERS that the child be entrusted to a foster family, chosen by the institution operating a child and youth protection centre; [ 34 ] ORDERS that the Director of Youth Protection determine a life plan for the child; [ 35 ] ORDERS that the mother and Mr.

B periodically report to the Director of Youth Protection on the measures they apply in their own regard or in their child’s regard to put an end to the situation in which the security and development of the child are endangered; [ 36 ] ORDERS that the mother and Mr. B take an active

part in the application of any of the measures ordered by the Court; [ 37 ] ORDERS that the mother and Mr. B report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 38 ] ORDERS that the child receive specific health care and services, namely a follow-up with the nurse, doctor and nutritionist; [ 39 ] ORDERS that the mother and Mr. B remain sober and without any violent behaviour in the presence of the child; [ 40 ] ORDERS that the mother and Mr.

B seek help through the Social Services concerning their alcohol, drugs and personal issues; [ 41 ] ORDERS that the modalities, frequency and degree of supervision of the contacts between the child, the mother and Mr.

B be determined by the Director of Youth Protection; [ 42 ] WITHDRAWS all the attributes of parental authority from the mother and GRANTS it to the Director of Youth Protection and more specifically regarding the registration of the child through the Directeur de l’état civil; [ 43 ] AUTHORIZES the Director of Youth Protection to submit a request for simplified access to government Programs and Services relating to the birth of the child to register the following information: First name X Family Name X Sex Female Mother A Father undeclared Date and hour of birth 2020-[...] 5:04 pm Place of birth City A [ 44 ] ORDERS that a person working for an institution or body, provide aid, counselling and assistance to the child and the family; [ 45 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; AS CORRECTIVE MEASURES [ 46 ] ORDERS that the present decision be notified to the Director of Youth Protection, Ms. [Social Worker 3], personally; [ 47 ] ORDERS the Director of Youth Protection to provide the appropriate training to the Youth Protection worker regarding the steps to be taken to register a child to the Directeur de l’état civil; [ 48 ] THE WHOLE until November 30, 2021.

__________________________________ PEGGY WAROLIN , J.C.Q. Me Roxane Bacon, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Me Angèle Tommasel, attorney for the mother Date of hearing: February 26, 2021