2019 QCCQ 18712, 2019 QCCQ 18712

Protection de la jeunesse — 198311 2019 QCCQ 18712 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000346-181 DATE: October 8, 2019 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ MR. [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A, [...] Applicant -and- X, born on [...], 2009 Child -and- MRS. A, residing and domiciled in [...] Mother -and- MR.

B, residing and domiciled at [...] Father ______________________________________________________________________ JUDGMENT ( Sec. 95 of the Youth Protection Act, CQLR, c. P-34.1 ) ______________________________________________________________________ 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 A (the Director) asks the Court to review and extend the decision rendered on August 29, 2018, concerning the situation of X, born on [...], 2009. At the time, the child was placed in a foster family for one year after her situation was declared in danger pursuant to sections 38 (b) (1) ii, iii and 38 (b) (2) of the Youth Protection Act .

The Director now asks the extension of the placement in a foster family for another year. [ 2 ] At the hearing, the parents are absent but represented by Mtre Marie-Josée Ayoub (mother) and Mtre Michel Grenier (father). Mtre Yan Massé assists the child who is present. Mtre Adelia Ferreira represents the applicant. [ 3 ] The child disagrees with the recommendations, but admits many allegations. She wants to be entrusted to her father. The father admits all the allegations, and wishes to have his daughter entrusted to him. Unfortunately there is no evidence done to support his position.

The mother also admits all the allegations, and she agrees with the recommendations. [ 4 ] A revision report, a school report card, a letter from the [Center A] worker and medical notes from a pediatrician are filed. [ 5 ] The evidence reveals that the child remained in the foster home where she is well integrated and is generally doing well.

She follows the rules and gets along with the other children in the home. [ 6 ] She visited her parents regularly, and the latter were sober during the visits. [ 7 ] When the child returned from visits with her parents, her blood sugar was higher and she had difficulty to return to the diet and routine of the foster home. Every time she needs to be rebalanced because the father did not respect her diet and let her eat junk food. Her diabetes requires a very strict diet and active living. [ 8 ] The parents’ situation remains quite similar as the one described previously.

The father did not attend any treatment program and still struggles with his addictions. The mother continues to have her health issues and is frequently absent from the community. [ 9 ] The applicant testified that the child was less cooperative during the last two months. It occurred that she left the foster home without notice to visit her father and grandparents. She feels abandoned by her parents and wishes that they would be more active. The absence of the father at the hearing today discourages her. She needs psychological services to help her express her emotions and deal with the abandonment feelings.

CONSIDERING THE EVIDENCE AND THE MOTHER’S AGREEMENT, THE COURT: [ 10 ] GRANTS the application; [ 11 ] DECLARES that the security and the development of the child X, born on [...], 2009, are still in danger; [ 12 ] ORDERS her placement in the foster family for one year; [ 13 ] ORDERS the Director to provide a psychotherapeutic follow-up to the child; [ 14 ] ORDERS the Director to supervise the visits between the child and her parents as for the frequency and modalities; [ 15 ] RECOMMENDS that a

schedule of the visits be given to the parents; [ 16 ] RECOMMENDS that the doctor or nurses explain again the child’s sickness, to X, the father and the grandparents, and also the specific diet she needs to respect and the consequences if not respected; [ 17 ] ORDERS the father to attend therapy for his personal issues and treatment for his alcohol consumption; [ 18 ] AUTHORIZES the Director to obtain and share information with the services providers as to the assiduity and the evolution of the situation; [ 19 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and her parents for one year; [ 20 ] ORDERS the police to collaborate in the execution of the present judgment; [ 21 ] ENTRUSTS the child’s situation to the Director of Youth Protection for the purpose of executing the measures.

Signed in City A, on November 5, 2019 _________________________________ DENYSE LEDUC, J.C.Q. Mtre Adelia Ferreira [Director of Youth Protection A] Lawyer for the D.Y.P. Mtre Yan Massé Legal Aid Lawyer for the child Mtre Marie-Josée Ayoub Ayoub Avocats inc. Lawyer for the mother Mtre Michel Grenier Lawyer for the father Date of hearing: October 8, 2019