2018 QCCQ 20398, 2018 QCCQ 20398

Protection de la jeunesse — 1811627 2018 QCCQ 20398 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002226-188 DATE: November 21, 2018 (written judgment rendered on April 11, 2019) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2010 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A , residing and domiciled at [...] Mother ______________________________________________________________________ JUDGMENT (Section 38 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 declare that the security and development of the child X, born on [...], 2010, are in danger under

section 38 (b) (1) iii. and (e) (2) [1] of the Youth Protection Act . The DYP recommends that the child be entrusted to a foster family until August 7, 2019. [ 2 ] The mother is present and represented by Me Léonard. She admits all the allegations and she agrees with the measures. [ 3 ] X, who is 8 years old is absent, but represented by Me Neptune. He admits most of the allegations, and he agrees with the measures. [ 4 ] X has a brother, Y who is 3 years old and the Court is also seized with his situation.

Facts [ 5 ] The DYP is involved in the life of the child since October 2016, because of the mother’s alcohol consumption and violent behaviours. [ 6 ] On October 24, 2016, the DYP received a report regarding risk of physical abuse and neglect with regards with supervision. It was reported that the mother threatened to kill her relative B, and verbalized needing to kill someone someday. [ 7 ] On January 24, 2017, the DYP received another report regarding risk of physical abuse.

It was reported that the mother hit two children (11 and 9 years old) on few occasions. [ 8 ] On February 23, 2017, the DYP received another report regarding risk of physical abuse. It was reported that the mother, intoxicated, had threatened people with an axe and two knives, while she was under conditions not be present in this house and not to consume. [ 9 ] Since December 2016, the mother signed two voluntary measures, and the child is entrusted to his grandmother since June 2017, and he is doing very well. [ 10 ] On December 23, 2017, the mother called the police and stated that she wanted to kill Y.

The police intervene and found the two children with a bloody nose and they seemed to be traumatized. Y had cinders on his face from a burnt bible. [ 11 ] The mother was arrested and detained as she was highly intoxicated. [ 12 ] On April 23, 2018, the mother was arrested again after having assaulted the grandmother. [ 13 ] In September 2018, the mother gave birth to a new infant. She consumed alcohol and drugs regularly during her pregnancy. Since she gave birth, her situation is more stable as she reduced her alcohol consumption.

[ 14 ] The children being with the grandmother, the mother exercise very frequent contact with them. [ 15 ] X has an adequate development, but has learning difficulties. He takes more times to finish his work at school and benefit from a shadow teacher. He uses his free time to watch television and to play video games. His behaviour is very good at home and at school. He has very strong bonds with his mother and with his grandmother. [ 16 ] Regarding his health, X has a hearing issue. He needs hearing aids since he is 2 years old.

Both his eardrums were perforated because of multiple ear infections. [ 17 ] In the report, the mother is described as follows: The mother has proven to have limited parental capacities due to a lack of maturity and personal issues. Ms. A has suffered multiple traumas which has scarred her and prevent her being an adequate parent for her boys. Given the mother is not willing to address these personal issues, they resurface when she drinks and leads her to violent acts. Since January 2017, the mother has been charged with thirteen violent incidents.

Analysis [ 18 ] The difficulties of the mother are very important and have a very serious impact on the child who is in danger because of the risk of physical abuse and the neglect. [ 19 ] Even if the situation is not perfect at the grandmother place, because she also has alcohol consumption issues, as she is able to prioritize the interest of the children, she is able to offer a safe place for the child. [ 20 ] The mother improved her situation since she gave birth and seems to realize the impact of her consumption on her children’s lives. It’s a good start.

Now, she has to seek help to address her issues, and to continue to get better. She is capable of doing it. The grandmother is present to take care of the children. She should use this time to take care of her and her daughter. A premature return of the boys at her place could be risky.

FOR THOSE REASONS, THE COURT: [ 21 ] GRANTS the application; [ 22 ] DECLARES that the security and development of the child X, born on [...], 2010, are in danger under sections 38 (b) (1) iii. and (e) (2) of the Youth Protection Act ; [ 23 ] ORDERS that the child be entrusted to a foster family namely to C the grandmother; [ 24 ] ORDERS that the mother take an active

part in the application of any of the measures ordered by the Court; [ 25 ] ORDERS that the mother report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 26 ] ORDERS that the mother remain sober in the presence of the child; [ 27 ] ORDERS that the mother remain without any violent behaviour in the presence of the child; [ 28 ] ORDERS that the mother receive the services of an external educator at a minimum twice a month to help her to improve her parental capacities; [ 29 ] RECOMMENDS that the mother seek help through the resources available (Social Services, AA meetings, etc.) in the community concerning her alcohol, drugs and personal issues; [ 30 ] ORDERS that the contacts between the child and the mother be determined by the Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 31 ] ORDERS that the contacts be as frequent as possible; [ 32 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the child, the mother and the grandmother; [ 33 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 34 ] ORDERS the police to collaborate to the execution of the enactment; [ 35 ] THE WHOLE until August 7, 2019.

__________________________________ PEGGY WAROLIN , J.C.Q. Me Sarah Bourgeois-Lessard, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Me Marianne Léonard, attorney for the mother Date of hearing: November 21, 2018