2017 QCCQ 6615, 2017 QCCQ 6615

Protection de la jeunesse — 172370 2017 QCCQ 6615 JA0940 QUEBEC COURT Youth Division Canada PROVINCE OF QUÉBEC DISTRICT OF [...] N° : 525-41-030510-150 DATE : March 27, 2017 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X , born on [...], 2013 THE DIRECTOR OF YOUTH PROTECTION Applicant and A , mother B , father Respondents ______________________________________________________________________ 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 ] As required under

Section 90 of the Youth Protection Act, the present judgment confirms in writing the decision rendered orally at the hearing held on March 27 th , 2017. [ 2 ] The Director of Youth Protection (the Director) seizes Court of a motion for extension of a decision rendered by the undersigned on April 11 th , 2016.

The Director is asking that the child remain entrusted to the care of her mother and that youth protective measures be rendered for a period of nine months. [ 3 ] Although the mother is in agreement with the conclusions sought by the Director, she denies some of the important facts alleged in support of the motion. She admits that she did not follow through with a referral to the CLSC to address her personal issues. She denies being involved in a relationship with Mr. C. [ 4 ] At the conclusion of the hearing, counsel for the child is in agreement with the recommendations of the Director.

The attorney suggests additional measures that should be ordered pertaining to health care and services for the child as well as protection to be offered to the child against her exposure to conjugal violence. CONTEXT [ 5 ] Various issues have not been addressed by the mother. She admits to not following through with her referral to the CLSC to address her personal issues. Concerning the child, issues around her nutrition and weight were not addressed as the child has had no pediatrician for almost a year.

[ 6 ] The mother recognizes that she has not consistently attended appointments with the social worker. In her report, the worker describes how difficult it is, at times, to contact the mother (in June 2015, the worker attempted to contact the mother nine times without success). [ 7 ] On other occasions, the mother cancels appointments made (June 14 th , July 15 th , three meetings cancelled in November and December 2016 and two in January February 2017 to mention a few). In addition, it has been difficult for the worker to have a clear picture of the situation involving the mother and Mr. C.

It seems difficult to agree on the definition of what is a relationship. Although the mother claimed that she was not involved with Mr. C after the incidents of conjugal violence opposing the two in July 2016 (leading to charges laid against the mother), she finally informed the worker, in February 2017, that she is pregnant and expecting the child of Mr. C. [ 8 ] During her testimony, the mother explained that she does not know what kind of a relationship she will have with Mr. C.

What is sure is that he wants to be involved with the child she is carrying. [ 9 ] Based on the evidence, the Court comes to the conclusion that the mother has not collaborated fully with the Director. She did not follow through with the recommendation that she engage in services to address her history of conjugal violence. She is now pregnant and involved again, somewhat, with Mr. C. She has missed many meetings set with the worker. The child is not followed by a pediatrician and dietician as she should. [ 10 ] The mother now says that she will respect her appointments with the social worker.

She will attend the workshops suggested. She will make herself more available to receive the services offered by the Director. [ 11 ] The mother also says that she is now ready to receive support for victims of conjugal violence but these services are not readily available as there is a waiting list at Auberge Shalom. [ 12 ] As the worker pointed out, the mother has to change her ways as the child is now exhibiting behavioural difficulties.

In her words, the child is out of control and the mother needs help. [ 13 ] It is quite concerning that the child’s situation has worsen since the last decision was rendered in April 2016. Some of the services desperately needed by the mother have been available throughout. [ 14 ] Now that the mother is committed to collaborate with the Director, it is hoped that she will meet the expectations, work with the professionals involved and correct her situation in a timely fashion. [ 15 ] The Director has established that the security and development of the child are still compromised.

The measures recommended are likely to meet the needs of the child if the mother fully collaborates with the Director and avails herself to receive the services.

AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 16 ] DECLARES that the security and the development of the child are still compromised; AND, BY VIRTUE OF AND PURSUANT TO THE POWERS GRANTED UNDER SECTIONS 91 AND 91.1 OF THE YOUTH PROTECTION ACT, THE COURT ORDERS THE FOLLOWING MEASURES: [ 17 ] ORDERS that the child be entrusted to the care of her mother; [ 18 ] NOTES that the child has access to her father; [ 19 ] ORDERS the parents to collaborate with the Director of Youth Protection; [ 20 ] ORDERS that the child receive the following health care : a regular medical follow-up and a follow-up with a dietician for as long as deemed necessary; [ 21 ] TAKES ACT of the fact that it is difficult to find a new pediatrician; [ 22 ] REQUESTS the help and support of the Director of Youth Protection to both parents in order for one of them to find a pediatrician; [ 23 ] RECOMMENDS to the mother to engage in services to address her history of conjugal violence and any other personal issues requesting professional help; [ 24 ] ORDERS the mother to ensure that the child has no contact with Mr.

C, unless these contacts are approved by the Director of Youth Protection; [ 25 ] ORDERS that the child attend daycare as quickly as possible; [ 26 ] ASKS the Director of Youth Protection to ensure that the mother is indeed on a waiting list at [Center A] and at the CLSC, and to provide support and help to the mother hoping she will access services quicker; [ 27 ] ORDERS that aid, counsel and assistance be provided to the child and her parents for a period of nine (9) months; [ 28 ] INVITES the Director of Youth Protection to seize Court without delay if the Court order is not strictly respected. [ 29 ] ENTRUSTS the situation of the child 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;

_________________________________ MARIE ARCHAMBAULT, J.C.Q. Me Isabelle Loranger Attorney for the Director of Youth Protection Me Mylène Saad Attorney for the children Me Judith Shapiro Knight Attorney for the mother Date of hearing : March 27 th , 2017