2011 QCCQ 18647, 2011 QCCQ 18647

Protection de la jeunesse — 117501 2011 QCCQ 18647 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000382-116 DATE: December 7, 2011 ______________________________________________________________________ BY THE HONOURABLE ROBERT LEVESQUE, J.C.Q. ______________________________________________________________________ A Petitioner and X Child and B and C Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] A petition for protection purpose in respect of X (2004-[…]) is referred to the Court by the Director of youth protection pursuant to sections 38 and 75 of the Youth Protection Act. [ 2 ] The petition is based on the following assertions and facts :

a) X 's parents are separated since October 2007 ;

b) the mother said she has full custody of their three daughters ;

c) the father has visitation rights but he is inconsistent. He is living in [CITY A] ;

d) the mother said that in October 2007, he physically attacked her and her oldest daughter was present ;

e) the mother also informed us that the father does not really know how to follow X diabetes ;

f) X is suffering from Type 1 diabetes and she is insulin-dependent and celiac disease which she is not allowed to consume any gluten in her food ;

g) during the father's visitations, the mother allowed him to stay at her house and she would leave and stay elsewhere ;

h) in January 2011, X was hospitalized after been brought to emergency by her mother. X was severally dehydrated ;

i) at that time, X was almost in a coma, she was air-lifted to A hospital and she almost died ;

j) X was not having medical card, the mother only received the new one recently ;

k) X has lice issues since September 2010, the school has been concerned and X had lice again when was placed on September 23, 2011 ;

l) the mother does not following thought with proper medical care over the past 2 years ;

m) the mother does not show to X 's doctor appointments ;

n) X was admitted on September 11, 2011 to hospital B and was transferred to hospital C for keto acidosis ;

o) Dr Kamba informed us that : 1) the mother was very defensive ; 2) the mother was not following the medical plan ; 3) she is not giving the proper doses at night times ; 4) the doctor felt that with the mother giving insulin X was not improving, the doctor ask the nurses to do it ; 5) X only stabilized after insulin was out of the room ; 6) the doctor feels that the mother is not collaborative ; 7) on September 19, 2011, the mother signed her daughter out from hospital against doctor Kamba orders ; 8) the mother said that she felt that the doctor was not giving proper care ;

p) the mother did not brought X for a follow-up with diabetic clinic and the mother was not open to receive appropriate education to give proper care to her daughter ;

q) the school' staff is concerned because X comes to school without proper supplies and is not bringing proper snacks or lunch to school ;

r) the medical staff and the mother made a request to have a automated pump for X's diabetes, it cost around 6000 $, the school fundraised about 1200$ and the mother never sent it to the company ;

s) considering that the company has not received any money and they want the pump back ;

t) the doctor is very concerned because the mother is not appearing open to their recommendations ;

u) the mother is not administering insulin as directed by the doctor and that put X life in danger ;

v) the mother did not gave sufficient teachings to the school staff to deal with X health problem during the day ;

w) the doctor recommends that X be placed in a foster family until the doctor determines where her medications (insulin) should be and her medical situation stabilised ;

x) the mother is not able presently to respond properly to her daughter's medical needs and that put X at risk of death. [ 3 ] At the hearing, the mother is present with her lawyer. The child is also represented. [ 4 ] The mother's lawyer and the child's representative admit generally the situation described at the petition as it was on September 28, 2011 (date of the petition). They also accept the recommendations of the Director of youth protection. [ 5 ] The Director of youth protection was unable to locate the father. Searches by a specialized investigation's bureau were unsuccessful.

The mother says she had no news from the father since almost a year. She says that he can be anywhere in Canada for work purpose, probably in West. [ 6 ] Considering this evidence and that the father is not involved with the child, the Court dispenses the Director of youth protection to serve the petition for protection to the father due to exceptional circumstances. [ 7 ] The Court studied the psychosocial report, the letter of September 30, 2011 signed by a medical team (Pediatric Diabetes Team

A) and the letter of a nurse of the same team (Mrs

D) dated November 30, 2011. [ 8 ] The letter's content of September 30 was disturbing to such a point that the Court decided to entrust temporarily the child to a foster family, hoping the mother will put herself in action and change drastically her way of thinking and tackling X 's worrying state of health. [ 9 ] The letter's content of November 30, 2011 is very encouraging and the petitioner's report and opinion permit the Court to return X with her mother. [ 10 ] The mother attended many education and medical meetings the last two months. [ 11 ] The petitioner writes : "Mrs C has learned the importance of attending all medical appointments and being more aware of how she is coming across to others when it comes to her daughter's care.

She has shown a great bond throughout this time away with her daughter. It is clear she cares for

deeply. It is unfortunate that it had to come to this extent to have her realize her responsibility as a parent of a child with medical conditions. She does have the support of her father and his wife. Mrs C is able to depend on them for a lot of support and the girls are very close to them." [ 12 ] The nurse, Mrs D, writes : "From a diabetes educator perspective I have emphasized to Melissa the importance of continued follow-up as Type 1 diabetes is a very complex disease with many challenges.

As diabetes research continues, many treatments improve or change over time and continued follow-up will provide both X and Melissa with the best possible information and treatments available." [ 13 ] Considering the reports and the letter's content and considering the position of the parties, the Court grants the petition in the sense of the recommendations filed today except the one cancelled by the petitioner's lawyer regarding psychological or psychiatric evaluation of the mother. [ 14 ] It is important that the Director of youth protection assures and maintains proper and regular look-out and supervision until Mrs C shows complete control and willingness to keep on.

WHEREFORE, THE COURT : [ 15 ] DECLARES that the security and the development of X are considered to be in danger according to

section 38 of the Youth Protection Act ; [ 16 ] ORDERS that X be entrusted to her mother ; [ 17 ] ORDERS the parents involve themselves in an education program from trained professionals which includes a Diabete Nurse Educator and Diabetes Dietician for the insulin-dependent and Celiac Disease and that the father shows proof that he has completed these programs ; [ 18 ] ORDERS that X and the mother continue to attend the Diabetic Clinic as requested by Dr Matthews and her extended team ; [ 19 ] ORDERS that X continues to attend all medical appointments as required by doctor or nurses ; [ 20 ] ORDERS that the mother continues to properly use the log book to record all necessary information ; [ 21 ] ORDERS that X receives psychological support to deal with her medical condition ; [ 22 ] RECOMMENDS that the school receives appropriate medical training and supplies to properly deal with X 's state of health ; [ 23 ] ORDERS that the parents actively participate in all the measures proposed by the doctors concerning X 's condition ; [ 24 ] ORDERS that the father has supervised visitation as long as deemed necessary by the Director of youth protection, to be taken into account his level of involvement in education and training regarding his daughter's health condition ;

[ 25 ] ORDERS that the parents actively participate in the application of the measures intended to put an end to the situation of endangerment ; [ 26 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and her family ; [ 27 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A until December 30, 2012, for the carrying out of the present measures. __________________________________ ROBERT LEVESQUE, J.C.Q. Me Lynn-Ann Smith, for the DYP Mrs Florence Frappier-Routhier, articled student in law at the Legal Aid Office for the child Me Marie-Christine Gagnon, for the mother Mr B , the father (absent)