2013 QCCQ 18748, 2013 QCCQ 18748

Protection de la jeunesse — 137338 2013 QCCQ 18748 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth chamber No: 640-41-001549-135 DATE: Hearing and oral judgment: November 12, 2013 Written judgment : December 20, 2013 ______________________________________________________________________ BY THE HONOURABLE JUANITA WESTMORELAND-TRAORÉ, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born [...], 2012 [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection a working in City A Applicant -and- A , residing and domiciled in City B, Quebec, district A Mother ______________________________________________________________________ JUDGMENT ( Sections 95 ( par.1) and 75 , Youth Protection Act , R.S.Q. c.

P-34.1) ______________________________________________________________________ Introduction [ 1 ] The Court hereby gives reasons for the judgment rendered orally [...], 2013 on the Motion for Revision of the judgment of the Honourable Jacques Roy dated March 27, 2013. [ 2 ] The Director of Youth Protection is seeking placement of the infant X in a foster home, a psychiatric evaluation of the mother A, and follow-up assistance for the family. [ 3 ] The mother did not wish to attend the hearing and was not present; she was however represented by her attorney. The infant X was represented by her attorney.

The mother agrees with the recommendation of the Director, but for a shorter period. The Facts [ 4 ] X is one year old. She has been living with her mother on the condition that her mother resides with her parents. [ 5 ] X is in good physical health and developing well. [ 6 ] The bond between the mother and her child, however, is not developing as to be expected; it is the maternal grandmother who really takes care of X and accompanies her for her medical check-ups. [ 7 ] The mother, Ms.

A, was given medication for post partem depression by the psychiatrist in January 2013, but she has not been taking her medication.

[ 8 ] According to the testimony of [Social Worker 1], the Youth Care professional, whose Revision Report was filed as Exhibit D- 2, she experienced difficulty in communicating with Ms. A. [ 9 ] On June 2, 2013, Ms A went to a women's shelter because of an incident of domestic violence with Ms. A's father and delayed returning home. [ 10 ] Youth Protection workers have observed that X's grandfather is rough with X. [ 11 ] On September 4, 2013, the maternal grandmother reported that X had been the victim of physical abuse, had sustained scratches and was bleeding.

Police had to be called to gain access to the child; on their arrival, the mother had withdrawn into a closet, leaving the baby unattended. [ 12 ] On September 10, because of her continuing concern for the safety of X, the maternal grandmother offered to be the main care- giver for her grand-daughter. [ 13 ] A further incident on September 30, 2013 was reported by the grandparents when the mother, frustrated because she did not have a cigarette, had shaken her baby. [ 14 ] The grandparents are very concerned about the well-being of X, but have not followed through by attending meetings with Youth Protection officers. [ 15 ] Ms.

A did go for a psychiatric evaluation during the weekend of November 9 th at City B, but she left before completing the tests.

Analysis [ 16 ] The mother admits that she hasn't collaborated with Youth Protection; she also admits that she refused to open her door to Youth Protection workers and police officers on September 5 or to speak with them. [ 17 ] She agrees with the recommendation that the child stay with her maternal grandparents, but for a period shorter than the nine months recommended by the Director. [ 18 ] The Court finds that X is exposed to serious danger because her mother refuses to take her medication, or complete psychiatric assessments and is violent with her daughter. [ 19 ] The mother's actions show that she has problems with communication and has inflicted physical injuries to her daughter as a result.

She misdirects her frustration with dire consequences for her daughter. [ 20 ] Because of her very young age, X is very vulnerable. [ 21 ] Both the mother and the grandparents need to collaborate with Youth Protection officers to obtain their support in caring for X and providing the necessary services. There needs to be better follow up with her regular medical visits. [ 22 ] Ms A, while not objecting to psychiatric assessment, needs to complete the tests and take medication if it is prescribed. [ 23 ] Nonetheless, the Court observes, on a positive note, Ms A is now attending adult education.

This will help her not only occupationally, but also in better understanding and developing her relationship with her baby and her family. [ 24 ] The Ms A agrees that her child be confided into the care of her maternal grandparents. [ 25 ] The Court finds that based on the proof of violence against X, refusal to grant access to her and repeated lack of collaboration with Youth Protection officers, there is strong evidence that the security and development of X continue to be in danger and that her mother refuses to take the necessary steps to put an end to it.

Conclusion [ 26 ] Considering the admissions of the mother, the oral and documentary evidence, and the mother's partial agreement with the recommendations of the Director, the Court finds that the recommendations of the Director of Youth Protection are appropriate. Nevertheless, the absence of psychiatric assessment of the mother and the lack of collaboration of the family with Youth Protection officers require that the placement with the maternal grandparents be reviewed within a shorter period. [ 27 ] FOR ALL THESE REASONS, THE COURT : [ 28 ] GRANTS this petition under the

section 95 of the Act ; [ 29 ] DECLARES that the security and development of X, born [...], 2012, continue to be in danger; [ 30 ] ORDERS the foster care of the child in a foster home until March 14, 2014; the Court observes that the foster home will be the home of the maternal grandparents;

[ 31 ] RECOMMANDS that the mother, A, have a psychological evaluation with a person who will be able to refer her to a psychiatrist if needed; [ 32 ] ORDERS that the mother and the maternal grandparents collaborate with the Youth Protection workers; [ 33 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child, the mother and the grandparents until March 18, 2014; [ 34 ] ORDERS that the police collaborate to the execution of this Court Order; [ 35 ] ORDERS that the situation of the child be entrusted to the Director of Youth Protection, for the execution of this Court Order. _______________________________________ JUANITA WESTMORELAND-TRAORÉ, J.C.Q.

M e Joanie Jacob Lawyer for the child M e Robert-André Adam Lawyer for the D.Y.P. M e Marie-Claude Degagné Lawyer for the mother Date of hearing: November 12, 2013