2019 QCCQ 14841, 2019 QCCQ 14841

Protection de la jeunesse — 1911150 2019 QCCQ 14841 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 640-41-002188-180 DATE: November 19, 2019 (written judgment rendered on January 23, 2020) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2018 [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, residing and domiciled at […] in Town A, district A (Quebec) […] 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 extend a decision rendered on October 2, 2018, regarding the child X, born on [...], 2018.

At that date, the Court declared the security and development endangered [1] and entrusted the child to a foster family until October 31, 2019. [ 2 ] The DYP submits that the situation does not allow the return of X with her mother and that the placement has to be prolonged until June 30, 2020, with a reintegration as soon as possible if the situation allows for it. [ 3 ] The child has one sister (Y, 11 years old) and the Court is also seized with her situation. Position of the parties [ 4 ] The mother is present and represented by Me Desmarais Grégoire.

She recognizes that the security and development of her child are still endangered and she agrees with the measures. [ 5 ] X, who is 2 and a half years old, is absent, but represented by Me Migué. The child’s lawyer submits to the Court that the measures suggested are in her best interest. History of the situation [ 6 ] The family situation is known from the DYP since August 2014. [ 7 ] On October 2, 2018 , the evidence revealed that the mother was involved in a violent relationship with B, registered as a sex offender.

On July 26, 2018, the mother was medevaced to Town B for very serious injuries and multiple fractures ( fracture of the mandible and the fixation; multiple fractures of the ribs; fracture of the lumbar vertebrae L1, L2 and L3; thrombosis of the left renal vein; laceration behind the left ear; massive bruising to the thorax, back, thighs, and arms ) following an assault from her boyfriend. Since then, the mother spent most of her time between Town B and Town C. She is pressured by her boyfriend and his family to drop the charges.

The Court declared the security and development of the child endangered and entrusted her to a foster family until October 31, 2019. [ 8 ] On October 22, 2019 , a provisional order was rendered and Y was maintained under her mother’s care while X was maintained in a foster family. Facts [ 9 ] On October 15, 2018, the mother disclosed having been manipulated by her boyfriend on many aspects, namely physically, emotionally, and financially. She asked to enter the woman’s shelter in Town C. Everything was organized and she left as planned, but the same week, she came back and returned with Mr. B.

She informed the DYP worker that she was pregnant with her fifth child.

[ 10 ] On October 6, 2018, the mother arrived at the DYP offices in a panic. She had been beaten up by Mr. B and she asked for a ride to go to the airport. The police was called, but she did not press charges. [ 11 ] In December, she was beaten again for a period of three hours before being able to escape. The medical team confirmed that the fetus was not endangered. The mother was sent to the woman’s shelter in Town C. [ 12 ] On January 10, the mother was beaten again and went to the Social Services to get help. Mr. B was detained, and since then, has been sentenced.

The end of his jail sentence is planned for July 2020. [ 13 ] On May 5, 2019, the mother gave birth in Town B. Due to complications, she was in a coma for two weeks and when she regained consciousness, she was fragile, she did not eat, and she had hallucinations. The mother was able to come back in her community on July 11, 2019. The baby was removed from her care at birth and entrusted to a foster family down South. [ 14 ] The mother currently lives alone in her house with one of her adult daughters. She does not work and is home every day.

The house is always very clean. [ 15 ] The mother told the DYP that she is ambivalent regarding her relationship with Mr. B. She is not sure she will be able to put an end to the relationship despite the multiple serious violent events. [ 16 ] Mr. B was met in Town D on September 2, 2019. He plans to go back to Town A and to start working again in order to provide for his family. [ 17 ] Since the last order, X was maintained in the same family, Ms.

C in Town E, where she has been since July 2018. [ 18 ] The child is doing very well and she is developing well in the foster family as well as to the daycare. [ 19 ] The mother went to visit her in February 2019, and the visit was positive both for the mother and the child. The mother was very adequate with her daughter. [ 20 ] The foster family is very involved with the child and is available to take care of her until she reaches her majority. The maximum period of placement has been reached, but the DYP is aware that the mother did not receive all the services she had the right to.

Therefore, the DYP suggests extending the placement for another six months to be able to offer the mother more contacts with her daughter. [ 21 ] After being requested by the Court to provide more details, the DYP worker explained that the contacts between the mother and X had not been organized and that the mother did not receive a follow-up from the DYP, but she had access to Social Services. Analysis [ 22 ] As admitted by the parties, the situation of the child remains endangered. [ 23 ] Since the last order, the mother and the child have benefited from only one contact, despite the mother’s request.

During that time, the bond between the child and her care giver becomes stronger, therefore this situation has to be addressed and corrected in a timely manner. [ 24 ] Such a situation is in contradiction with the prescription of the YPA, which holds as an objective to help the parents to resume the care of their children, not to reduce the bonds between the children and their parents.

The rights of the child have been wronged by the non-respect of the mother’s access rights. [ 25 ] Consequently, the Court will order, as corrective measures, that the mother benefit from access to her daughter and that the measures taken to organize the contacts be detailed in the next revision report.

FOR THOSE REASONS, THE COURT: [ 26 ] GRANTS the application; [ 27 ] DECLARES that the security and development of the child X, born on [...], 2018, are still endangered; [ 28 ] DECLARES that the rights of the child have been wronged; [ 29 ] ORDERS that X be entrusted to a foster family; [ 30 ] AUTHORIZES that X be gradually reintegrated under the care of her mother, as soon as the situation allows it; [ 31 ] ORDERS that the mother report periodically to the Director of Youth Protection on the measures she applies in her own regard or in her child’s regard to put an end to the situation in which the security and development of the child are endangered; [ 32 ] As corrective measure, ORDERS that the mother receive the service of an external educator at least once every two weeks until the end of the present measures, starting within the next two months, and before then, ORDERS that the Youth Protection worker provide a follow-up at the same frequency; [ 33 ] ORDERS that the mother take an active

part in the application of any of the measures ordered by the Court; [ 34 ] ORDERS that the mother remain sober while in the presence of the child;

[ 35 ] RECOMMENDS that the mother seek help through Social Services concerning her abusive relationship; [ 36 ] ORDERS the mother not put the child in contact with Mr. B; [ 37 ] AUTHORIZES unannounced visits at the mother’s domicile and ORDERS that those unannounced visits be increased after B’s release; [ 38 ] ORDERS that the modalities, the frequency and the degree of supervision of the contacts between X and the mother be determined by the Director of Youth Protection, be favoured to develop a bond between the mother and the child, and to make the reintegration possible.

ORDERS that those contacts take place at least once a month. [ 39 ] AUTHORIZES the DYP to have access to the information from Social Services regarding the mother’s attendance, collaboration and objectives worked on in her follow-up; [ 40 ] ORDERS that the contacts between the siblings be favoured and organized; [ 41 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the child and the mother; [ 42 ] As corrective measure, ORDERS the Director of Youth Protection to indicate, in the next revision report, the steps taken to organize the contacts between the mother and X; [ 43 ] ORDERS the clerk of the Court of Quebec, Youth Division, to notify the present decision to the Commission des Droits de la Personne et des Droits de la Jeunesse; [ 44 ] INVITES the Commission des Droits de la Personne et des Droits de la Jeunesse to make further investigation and to set any relevant recommendations; [ 45 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection of the Inuulitsivik C.Y.P.C., who shall then see that the measures are carried out; [ 46 ] THE WHOLE until June 30, 2020. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Karianne Asselin, attorney for the Director of Youth Protection Me Laurence Migué, attorney for the child Me Ulisce Desmarais Grégoire, attorney for the mother Date of hearing: November 19, 2019