2012 QCCQ 15582, 2012 QCCQ 15582

Protection de la jeunesse — 123255 2012 QCCQ 15582 JC1649 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] « Youth division » N° : 635-41-000460-128 DATE : May 8, 2012 UNDER THE PRESIDENCE OF : HONOURABLE PAUL CHEVALIER, J.C.Q. In the case of : X ([…], 2007) JUDGMENT ON A MOTION FOR PROTECTION (Sec. 38, Youth Protection Act) [ 1 ] The Director of Youth Protection asks the Court to declare in danger the security and development of the child X (2007-[…]). [ 2 ] The child displays serious health problems.

He suffers from a severe stage of a form of eczema and of strabismus. [ 3 ] The skin disease he has necessitates that he receive a regular treatment including baths, application three times a day of creams and balms as well as oral medication. [ 4 ] The child had to be hospitalized on April 2012 because his skin condition was getting worse. [ 5 ] With proper care, the child's skin condition improved while he was hospitalized and according to the pediatrician, this shows that improper care was given to the child prior to this hospitalization. [ 6 ] Entrusted to his aunt A by a provisional Court order after he was released from the hospital, the child's skin condition became stable with the proper care he received. [ 7 ] As for his strabismus, since nothing had been done before the D.Y.P. intervened, the child could have lost the sight in one eye when he would be around 7 years old. [ 8 ] The intervention of the D.Y.P. permitted the child to receive glasses that will avoid that he become blind in one eye. [ 9 ] The cooperation of the parents is, to say the least, irregular. [ 10 ] By their negligence to provide their child the care required for his physical health the parents have put the security and development of their child in danger. [ 11 ] According to Dr Morel, the pediatrician, the fact that the eczema is not well taken care of can interfere with the social and cognitive development of the child as well as with his self-esteem, not to speak of the pain, the itching and the increased risk of infection. [ 12 ] Unfortunately, the child's aunt, A, cannot foster the child for a longer period. [ 13 ] The parents, however, when told about the risk of blindness of their child paid for his glasses. [ 14 ] The mother states that she now understands the importance of providing to her son all the health care he needs, while before she was not aware of such necessity, thinking that the disease had it's "up and down".

[ 15 ] FOR THESE REASONS, THE COURT : [ 16 ] GRANTS the motion for protection; [ 17 ] DECLARES that the security and development of the child X are in danger; [ 18 ] ORDERS that he child remain in the care of his parents; [ 19 ] ORDERS that the parents assume a follow-up with the C.L.S.C. regarding the child's health (eczema and strabismus); [ 20 ] ORDERS a close follow-up of the parents and of the child's situation by the D.Y.P.; [ 21 ] ORDERS the parents to take an active

part in the measures and to collaborate fully with the Youth Protection and the C.L.S.C. workers; [ 22 ] ORDERS the parents not to expose their child to conjugal conflict; [ 23 ] ORDERS the parents to remain sober in the presence of their child; [ 24 ] THE WHOLE for a period of 6 months. PC/nc PAUL CHEVALIER, J.C.Q. Me Marianne Gagnon-Bourget, For the D.Y.P. Me Myriam Gaudreault, For the child. Me Marie-Claude De Gagné, For the parents, present. Date of the hearing : May 8, 2012.