2018 QCCQ 14866, 2018 QCCQ 14866

Protection de la jeunesse — 185448 2018 QCCQ 14866 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 635-41-000740-172 DATE: July 9, 2018 ______________________________________________________________________ BY THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2016 [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of A Applicant v.

A , residing and domiciled in […] Mother ______________________________________________________________________ JUDGMENT (sections 95 (2) and 75 of the Youth Protection Act ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of information allowing for a child or the child’s parents to be identified.

Every person who contravenes this provision is guilty of an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A .). [ 1 ] The Director of Youth Protection submitted an application to the Court for an extension of the decision rendered on July 19, 2017, entrusting the child to a foster family until May 1, 2018. [ 2 ] The mother was present and represented by counsel at the hearing. Counsel for the mother, on her behalf, agrees with the recommendation to entrust the child to Ms. B until he reaches the age of majority. [ 3 ] The evidence shows that the mother and Mr.

C (undeclared father) are still in an unstable and violent relationship. The mother is currently pregnant. [ 4 ] Mr. C has not taken any legal steps to be recognized legally as the father of the child. [ 5 ] Since the last Court judgment, many incidents of conjugal violence have occurred between the couple and they have separated a few times. [ 6 ] On July 5, 2017, a police intervention was necessary due to the mother’s aggressive behaviour. She was arrested by the Regional Police Force of Town A. The police arrived at the couple’s house and saw a lot of things on the ground. A window was also broken.

According to the police occurrence report, Ms. A assaulted Mr. C and threatened to kill him. [ 7 ] On July 22, 2017, the mother was arrested for drinking and driving. She was also under the conditions of an undertaking not to consume alcohol. [ 8 ] On August 21, 2017, the police intervened at the Auberge A Inn Lounge and saw the mother consume alcohol while she was prohibited from doing so. She was arrested but released shortly after. [ 9 ] On March 27, 2018, the mother was arrested for impaired driving and dangerous operation of a motor vehicle.

She was also charged for failing to comply with her undertaking and for operating a motor vehicle while disqualified. [ 10 ] Ms. A has a history of substance abuse and violent behaviour. She stated that she is starting follow-up care with social services once a week for her personal issues. According to the applicant’s revision report, the mother has good parenting abilities and take good care of the child during visits. [ 11 ] The couple’s instability and domestic violence prevent them from ensuring a stable environment for the child. [ 12 ] X is currently 19 months old.

He is very vulnerable and needs a stable, loving home. He has a strong attachment bond with the foster mother, Ms. B. She is a nurse who has been working [in area A] for two years. She plans to stay in [this area] until her retirement. She is sensitive to the importance of [native] culture for the child. She has applied for a place at the daycare where the child will learn

[native] language. She has a very good relationship with the mother and she is very respectful of the biological mother. She wants to be involved and be a foster parent to the child until he reaches the age of majority. [ 13 ] The mother made a very mature decision by accepting the child’s placement until he reaches the age of majority. She will remain involved in the child’s life by visiting him regularly.

She acknowledges the best interests of her child and his need to have a stable environment on a permanent basis. [ 14 ] The maximum period of placement under s. 91 of the Youth Protection Act for a child under two years of age has been reached. The Tribunal must make an order to ensure stable living conditions on a permanent basis.

FOR ALL THESE REASONS, THE COURT: [ 15 ] GRANTS this application; [ 16 ] EXTENDS the decision or order rendered on July 19, 2017; [ 17 ] DECLARES that the security or development of the child X, born on […], 2016, continues to be in danger; [ 18 ] ORDERS that the child be entrusted to a foster family chosen by the institution operating a child and youth protection center, namely Ms. B, until he reaches the age of majority; [ 19 ] ORDERS that the child’s mother take an active

part in the application of any of the measures ordered by the Tribunal; [ 20 ] ORDERS that the child’s mother report in person to the Director, at regular intervals, to inform him of the current situation; [ 21 ] ORDERS that the child receive specific healthcare and health services; [ 22 ] ORDERS that the mother remain sober in the presence of the child; [ 23 ] ORDERS that the mother and Mr.

C refrain from all violent behaviour in the presence of the child; [ 24 ] ORDERS that the mother seek help through the Social Services for her alcohol and personal issues; [ 25 ] ORDERS that contact between the child, the mother and Mr.

C be determined by the Director of Youth Protection with respect to the terms, frequency and degree of supervision; [ 26 ] ORDERS that a person working for an institution or body provide help, counselling or assistance to the child and the child’s family until […], 2034; [ 27 ] RECOMMENDS that the child attend a daycare where it is possible for him to lean [native] language; [ 28 ] ENTRUSTS the situation of the child to the Director of Youth Protection of A, who shall then see that the measures are carried out; [ 29 ] ORDERS the police to collaborate in the execution of the enactment. __________________________________ RENÉE LEMOINE, J.C.Q.

Mtre Marianne Léonard Attorney for the child Mtre Genevieve Apollon Attorney for the applicant MtreCassandra Neptune Attorney for the mother Date of hearing: May 24, 2018