2020 QCCQ 12368, 2020 QCCQ 12368

Protection de la jeunesse — 208629 2020 QCCQ 12368 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 525-41-036777-209 DATE: November 11, 2020 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2007 child and A mother ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on November 11, 2020. [ 2 ] The Director of Youth Protection (the Director) alleges that the child’s security or development is endangered as there is a serious risk of neglect. [ 3 ] On September 8, 2020, the hearing had to be postponed as the Director had not notified the application to the mother. [ 4 ] Today, the Director recommends that the child remain entrusted to the maternal grandmother and that diverse support measures be ordered for a period of one year. [ 5 ] The mother and the child’s attorney are in agreement with the Director’s plan.

Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 7 ] From August 2016 to January 2018, the child’s situation was followed by the Director and by the Court of Quebec due to the mother’s alcohol use, her emotional instability, the child’s exposure to conjugal violence and issues of supervision. [ 8 ] At the end of 2018, the mother began to consume alcohol, mostly during weekends.

When she is under the influence, the mother can be verbally aggressive and denigrating with the child. [ 9 ] On May 20, 2019, the mother signed an Agreement on Voluntary Measures recognizing the risk of neglect and the situation of psychological ill-treatment. [ 10 ] Since, the mother’s collaboration with the Director and with the assigned educator has been inconsistent. Due to this lack of consistency, educator services were ceased in January 2020. The mother has not always been transparent with the Youth Protection

worker. At the end of September/beginning of October 2019, the mother went to a neighbour’s apartment to consume alcohol, leaving the child sleeping without proper supervision. In November 2019, she started participating in a twelve week parenting group offered at [Center A]. She took

part in most of the sessions. [ 11 ] The mother has also been regularly followed by Dr. Levy at the Douglas Hospital.

She reports taking her medication on a regular basis. [ 12 ] From August 26 to November 2019, a CLSC worker provided support to the child. [ 13 ] The mother has continued to consume alcohol and has not been consistent with her participation at the Pavilion A Program. [ 14 ] On April 22, 2020, the Tribunal ordered, on a provisional basis, that the child remain entrusted to the mother and that support measures be put in place. [ 15 ] On June 4, 2020, the mother informed the Youth Protection worker that she had relapsed ant that she consumed alcohol in the child’s presence. [ 16 ] On July 3, 2020, despite the safety measures put in place, the mother consumed alcohol in the child’s presence.

The police eventually made arrangements for X to be entrusted to her grandmother. On July 6, 2020, immediate protective measures were invoked and Y was also entrusted to her grandmother’s care. [ 17 ] The mother acknowledge that she had consumed alcohol on July 3, 2020 and that she also consumed a few weeks before. The mother has not always been transparent. [ 18 ] On July 8, 2020, the Tribunal ordered that the child and the child’s sibling be entrusted on a provisional basis to their maternal grandmother. [ 19 ] Since then, the mother participated in a one week in-patient program at Pavilion A.

In September, she started participating in a group support sessions offered by [Pavilion A]. She also attended AA meetings. The mother reports being abstinent since the child was removed from her care. [ 20 ] The mother maintained regular visits with the child at the maternal grandmother’s home. [ 21 ] The child has been thriving while living with her grandmother. She’s been doing well in school. [ 22 ] The mother’s recent mobilization is positive. At this point, the family’s situation remains too fragile to permit the child’s reintegration to her mother’s care.

The maternal grandmother remains available to care for the child. She is being assessed as a potential proximity foster family for the child. THEREFORE AND FOR THESE REASONS, THE COURT: [ 23 ] GRANTS the application for protection; [ 24 ] DECLARES that the security or the development of the child is endangered (

section 38 b) 2 of the Youth Protection Act ); [ 25 ] ORDERS that the child be entrusted to her maternal grandmother, Mrs. B; [ 26 ] TAKES JUDICIAL NOTICE that Mrs.

B is being assessed as a proximity foster home; [ 27 ] ORDERS that the frequency and modalities of contacts between the child and her mother be determined by the Director of Youth Protection including supervision if deemed necessary; [ 28 ] RECOMMENDS that those contacts be encouraged; [ 29 ] ORDERS that the mother not be under the influence of alcohol when in the presence of her child (including telephone calls); [ 30 ] RECOMMENDS that the mother refrain from consuming alcohol; [ 31 ] TAKES JUDICIAL NOTICE of the mother’s consent to undergo random alcohol testing and ORDERS the Director of Youth Protection to

schedule random alcohol testing for her; [ 32 ] RECOMMENDS that the mother continue to receive support services in order to address her alcohol consumption and follow through with the recommendations made by the treating professionals; [ 33 ] RECOMMENDS that the mother receive therapeutic counselling services related to her experiences; [ 34 ] RECOMMENDS that the mother work with an educator to help her develop appropriate structure and boundaries and to foster positive relationships with her child as deemed necessary; [ 35 ] ORDERS that the mother ensure that the child is not exposed to any verbal or physical violence or denigration; [ 36 ] RECOMMENDS that the mother follow through with the recommendations made by the professionals to improve her situation;

[ 37 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 38 ] THE WHOLE for a period of one year; [ 39 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q. Written and signed on December 17, 2020 /cd Mtre Isabelle Loranger Counsel for the Director of Youth Protection Mtre Jean-Hervé Thomas Counsel for the child Mtre Marc Morin Counsel for the mother Date of hearing: November 11, 2020