2018 QCCQ 13762, 2018 QCCQ 13762

Protection de la jeunesse — 184167 2018 QCCQ 13762 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] LOCALITY OF […] « Youth Court Division » N°: 525-41-0 33709-189 Date: May 22, 2018 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2015 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother The parent JUDGMENT

Section 38 of the Youth Protection Act (L.R.Q., 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 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of May 22, 2018, in accordance with the provisions of

section 90 of the Youth Protection Act [1] . [ 2 ] The Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A filed an Application to declare that the security or development of a child is in danger in the case of X , a three year-old child, based on the neglect, serious risk of neglect and psychological ill-treatment to which she is exposed. [ 3 ] The Court was also presented with similar applications regarding the child’s siblings whose situations are addressed in separate judgments. [ 4 ] The facts alleged in support of the amended application dated March 15, 2018 are as follows: 3.1. up to December 2017, the child lived with the mother and Mr.

B ; 3.2. for the past four years, the maternal grandfather has also lived with the family; 3.3. the maternal grandfather is a chronic alcoholic; 3.4. there were frequent conflicts and arguments between the mother and maternal grandfather, and these occurred in the presence of the child; 3.5. there were also frequent arguments between the mother and Mr. B that twice required police intervention, and these occurred in the presence of the child; 3.6. the mother and Mr. B neglected the child’s basic needs regarding lack of appropriate hygiene and stimulation; 3.7. since around December 2017, the mother and Mr.

B separated; 3.8. in the months leading up to the separation, the mother consumed cocaine on a more regular and frequent basis; 3.9. more recently, in early February 2018, the mother consumed cocaine on a more regular and frequent basis;

3.10. the mother has been diagnosed with an anxiety disorder and possible depression; 3.11. the mother fails to take her medication as prescribed; 3.12. the mother also demonstrated severe symptoms of paranoia and agitation; 3.13. together, the drug consumption and disorganization led to the mother’s hospitalization for two days in early February 2018; 3.14. on February 7, 2018, immediate protective measures were invoked and the child was entrusted to Mr.

C where the child remains; 3.15. following the hospitalization, the mother reached out for substance abuse and mental health treatment; 3.16. the mother left the maternal grandfather and went to stay with Mr. C ; 3.17. the conditions imposed on the mother’s living with Mr. C include being free from drug and alcohol consumption, and taking her prescribed medication; 3.18. the mother appears to have maintained her sobriety and states that she takes her prescribed medication, but the situation remains fragile; 3.19. Mr.

B has remained uninvolved with the intervention and has had only sporadic telephone with the child; 3.20. Mr. B has been diagnosed with an anxiety disorder; 3.21. ongoing entrustment to Mr. C is required, and he agrees to maintain the child in his care for as long as needed (reproduced with errors and/or omissions). [ 5 ] In light of the foregoing, the Director recommends that the child remain entrusted to her putative paternal grandfather, Mr.

C with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 6 ] The mother, assisted by Me Sureau, admitted most of the facts alleged in support of the application. However, she categorically denies neglecting the child’s basic needs regarding appropriate hygiene.

She expressed her consent to all the proposed measures. [ 7 ] The child's father is not declared on her birth certificate. [ 8 ] The child was represented by Me DuSablon who approved of the proposed measures. [ 9 ] The Director filed Exhibits D-1 to D-5 as evidence: D-1: Child’s birth certificate; D-2: Police Report dated February 2, 2018; D-3: Police Report dated February 7, 2018; D-4: Court Report, prepared by [Social Worker 1], dated May 14, 2018; D-5: Nursing global health assessment and developmental screening form, dated February 8, 2018. [ 10 ] In

summary, the mother acknowledges that her substance abuse and mental health issues negatively impact her ability to effectively fulfill her parental responsabilities. [ 11 ] She appears committed to benefit from treatment for substance abuse as well as to stabilise her mental health. [ 12 ] The child’s global health assessment provides the following recommendations: 1. Child would benefit from regular medical follow-up in the community to address the suspected concerns of a speech delay, inadequate nutrition and possible iron-deficiency . Her first appointment should be scheduled as soon as possible.

Child may benefit from a more in depth assessment of her development. X would also benefit from an adequate diet that meets all of her daily nutritional needs. Child may need to undergo further investigations to rule out iron-deficiency anemia. 2. Child would benefit from a structured routine with stimulating activities and she way also benefit from attending daycare or a stimulation group in the community in order to help to develop her language and social skills. 3. X would benefit from a dental assessment as soon as possible; 4. Mother should seek mental health services for herself as soon as possible .

Mother would benefit from following through with the medical recommendations concerning her mental health.

Mother may also benefit from receiving services to improve her parenting skills in order to provide her children with a structured, stimulating and age appropriate daily routine [2] (emphasis added). [ 13 ] Following discussions prior to the hearing, all the parties agreed upon the measures best-suited to meet the child’s needs under the circumstances. [ 14 ] Consequently, given the admissions and consent expressed by each of the parties, the Court is satisfied that the application is well-founded and that the measures are in the child's interest.

THEREFORE, THE COURT: [ 15 ] GRANTS the application; [ 16 ] DECLARES that the security and the development of the child, X , are in danger under sections 38 (b) (1) (iii), 38 (b) (2) and 38 (

c) of the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 17 ] ORDERS that the child remain entrusted to her putative paternal grandfather, Mr. C; [ 18 ] TAKES JUDICIAL NOTICE that he is being assessed as a Proximity Foster Home and, should he be approved, ORDERS that the child be entrusted to the foster home of Mr.

C; [ 19 ] ORDERS that the child receive all health care services required, more particularly regular dental care and pediatric care, speech therapy and other services regarding developmental delays, if necessary, as recommended in her global health assessment; [ 20 ] ORDERS that the frequency and modality of contacts between the child and her mother be determined by the Director of Youth Protection following the agreement reached between the parties to the effect that contacts will occur at a frequency to be determined by the parties and will be supervised by the grandfather under the following conditions: • that the mother has participated for at least four weeks in a weekly treatment program at Foster Pavilion and thereafter continues to attend regularly TAKING JUDICIAL NOTICE of the mother’s undertaking to do so; • that the mother participates in random alcohol and drug testing and that the results are negative; • that the mother participates in a parenting program as recommended; • that the mother and the grandfather not expose the child to any conflict; • that the Director of Youth Protection make unannounced visits in the home and that 24 hour prior notice be given to the Director of Youth Protection before the mother’s visit; [ 21 ] ORDERS that the frequency and modality of contacts between the child and Mr.

D be agreed upon by all parties; [ 22 ] RECOMMENDS that the mother take steps to address her substance abuse issues as well as her mental health and to persevere with her efforts; [ 23 ] RECOMMENDS that the mother undergo random drug and alcohol testing when required by the Director of Youth Protection; [ 24 ] RECOMMENDS that the mother receive medical and mental health follow-up; [ 25 ] RECOMMENDS that the child attend daycare; [ 26 ] AUTHORIZES the Director of Youth Protection to exchange relevant information with her treating professionals regarding participation and attendance; [ 27 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the child and her family; [ 28 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out; [ 29 ] THE WHOLE for a period of one year.

Signed on June 27, 2018 TAYA DI PIETRO, Q.C.J. Me Christine Waldvogel Attorney for the Director of Youth Protection Me Claudine DuSablon Attorney for the child

Me Maïa Sureau Attorney for the mother TD/vl