2010 QCCQ 15208, 2010 QCCQ 15208

Protection de la jeunesse — 102223 2010 QCCQ 15208 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth chamber N o : 635-41-000315-090 DATE: April 30, 2010 ______________________________________________________________________ BY THE HONOURABLE DANIEL BÉDARD, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2007 [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in City A, Quebec, district A Applicant -and- A, residing and domiciled in City A, Quebec, district A Mother -and- B, residing and domiciled in City A, Quebec, district A Father ______________________________________________________________________ JUGDMENT ON MEASURES APPLICABLE (

Section 91 Youth Protection Act, R.S.Q. c. P-34.1 ) ______________________________________________________________________ [ 1 ] On September 29, 2009, the Court granted a demand from the Director of Youth Protection and declared the security and development of X, born on […], 2007, in danger. [ 2 ] At that time, the decision as to the measures applicable was postponed in order to obtain additional medical information, permitting a clear diagnosis for the condition of the child.

Furthermore, the Court requested that the parents undergo a psychological assessment to identify, if the case, limitations as to their intellectual and parental capacities. [ 3 ] An additional social report was prepared for the period between the initial and final decision. [ 4 ] The parties consent to the filing of all the reports and recognise that if the authors of these reports would testify, they would confirmed the contents of their reports. [ 5 ] The parents request the immediate reintegration of their child and the Director of Youth Protection, recommends the foster care of the child in a family under the responsibility of a rehabilitation centre for persons with intellectual disabilities. [ 6 ] The child, according to the medical reports filed, is affected by the DiGeorge syndrome, left vocal cord paralysis, congenital heart disease, hypotonia and global development delay.

He not only needs specific services and attention, his condition requires continuous supervision and attention, 24 hours a day, seven days a week. For the time being, must it be specified. [ 7 ] The parents present serious intellectual limitations that affect their parental abilities and capacities. The situation is more serious for the mother. This situation creates a risk not only for the safety of the child, but also for his development. [ 8 ] Their way of life has also poses a risk for the safety of the child. Conjugal violence and alcohol abuse have led to interventions of the Director of Youth Protection.

The father is extremely controlling and the mother is not in a situation to affirm herself. [ 9 ] The additional report indicates that while in City A to be near her child, the mother who was residing at the women shelter, broke the rules of the centre on two occasions: she presented herself intoxicated by alcohol. [ 10 ] Under pressure from her spouse, she took the decision to return with him in City B instead of returning in her family, in another community.

[ 11 ] The evidence convinces the Court that the parents are presently not ready to receive their child and are incapable of providing the necessary care and attention, on a daily basis. [ 12 ] The prognosis is not favourable for the parents unless they drastically modify their way of life and collaborate with the offer of permanent services including constant supervision. [ 13 ] The steps to find a specialized foster family are not completed as of today, the social worker still waiting for positive answers to her request.

Consequently, the Court does not have in evidence the information relative to the long-term availability, interest and capacity of a foster family. [ 14 ] The evidence tendered convinces the Court that the length recommended is appropriate, considering the particular context submitted. [ 15 ] There is no obstacle to the contacts, visits and access between the parents and the child.

Given the geographical characteristics, the costs related to transportation and the situation of the parents, a calendar should be prepared with their participation. [ 16 ] FOR THESE MOTIVES, THE COURT: [ 17 ] ORDERS the following measures in accordance with

section 91 of the Law:

a) the foster care of the child in a foster family for a period of twelve (12) months, starting on April 13, 2010;

b) that a person working for an organism provide aid, counsel and assistance to the parents and the child, during the foster care measure;

c) that health and medical services necessitated by the condition of the child, be offered; [ 18 ] RECOMMENDS that the foster family chosen by the Director of Youth Protection, be a foster family under the responsibility of a rehabilitation centre for person with intellectual disabilities; [ 19 ] AUTHORIZES and MAINTAINS the relations between the parents and the child and ORDERS that access and visitation rights be exercised under the supervision of the Director of Youth Protection, in accordance with a calendar prepared with the participation of the parents; [ 20 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the purpose of executing the measures ordered by the Court. __________________________________ DANIEL BÉDARD, J.C.Q.

Me Jean-Claude Latraverse Lawyer for the child Me Robert-André Adam Lawyer for the D.Y.P. Me Michel Solomon Lawyer for the mother Date of hearing: April 13, 2010