2018 QCCQ 15901, 2018 QCCQ 15901

Protection de la jeunesse — 186518 2018 QCCQ 15901 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000346-181 DATE: August 29, 2018 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN DE MATTER OF: X, born on [...], 2009 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A Applicant and A, [...] Mother and B, [...] Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 ] The Director of Youth Protection A submits to the Court a motion asking that the security and development of X be declared endangered because her parents fail to give her the care required for the child’s physical, to provide her the appropriate supervision and schooling and the serous risk that the parents are not providing for the child’s basic needs, (sec. 38 B 1ii), 1iii) and B

(2) Y.P.A.). [ 2 ] At the hearing, the father and the child are present, represented by Me Michel Grenier and Me Yan Massé. The mother is absent for medical treatments but is represented by Me Marie-Josée Ayoub . Me Adélia Ferreira represents the applicant. [ 3 ] The parties admit most of the allegations of the petition and acknowledge that the security and development of the child are in danger.

The child and her father disagree with the recommendation concerning the placement in a foster family for one year. [ 4 ] The evidence is completed by the testimony of the [social worker 2] her evaluation-orientation report, and the father’s testimony. [ 5 ] The evidence reveals the following facts: - The parents are separated and the child lives with the father. The mother cannot assume the child because she lost her sight due to untreated diabetes; - The child was diagnosed with type 2 diabetes and has reached severe levels of sugar in her blood.

The child has to enter her blood sugar in a log book 7 times per day, at specific hours. The child has a specific diet to respect; - The medical staff explained to the parents the importance of the following up on the medical recommendations issued for the child; - Despite all specific recommendations made, the parents do not follow them. The log book contains information entered once a day at various hours; - Several medical appointment scheduled for the child were missed.

As consequences of her high sugar levels, the child has other medical issues, such as yeast infections; - The child has poor hygiene; - The child missed numerous days of school without valid reasons; - The father does not collaborate with the social worker;

- The mother is more aware than the father of the consequences of not following all the medical recommendations. Since July 4, she is hospitalised for an infection on one of her legs. [ 6 ] The father minimizes the gravity of his lack of involvement in the medical care he must provide his daughter. The father had parties at home and the child was exposed to adult individual who were intoxicated. [ 7 ] Once, there was vandalism in the home when the father hosted a party. He was also assaulted during one of the parties in presence of the child. [ 8 ] The father is not providing a stable and safe environment.

He does not assume his parental responsibilities. [ 9 ] Last July 11, 2018, an emergency hearing was done because the father did not follow though the level of sugar of X, and it ranged from 30 to 20 which in fact should have been at 6. Since then the child is placed. [ 10 ] In her foster family, the child has difficulties respecting rules. She is not used to respect any routine. [ 11 ] She has to accept the supervision offered and to learn to respect rules and routine. [ 12 ] It is in the best interest of the child to benefit of a stable, secure and caring environment such as in foster family.

She will develop her social skill by attending school. [ 13 ] Meanwhile the father will solve his personal issues, develop his parental capacities and get all the appropriate informations concerning the specific needs of his daughter. FOR THESE MOTIVES THE COURT: [ 14 ] GRANTS the motion; [ 15 ] DECLARES that the security and development of X, born on [...], 2009, are in danger pursuant to

section 38 B 1ii), 1iii) and B

(2) Y.P.A.; [ 16 ] ORDERS her placement in a foster family for one year; [ 17 ] ORDERS the Director of Youth Protection to supervise the contacts between the child and her parents as for frequency and modalities; [ 18 ] ORDERS the parents to be sober in presence of the child; [ 19 ] ORDERS the Director of Youth Protection to provide the child all the medical services she requires; [ 20 ] ORDERS the father to attend therapy of his personal issues including treatment for alcohol consumption; [ 21 ] ORDERS the parents to engage in services to enhance their parental skills; [ 22 ] AUTHORIZE the director to obtain and share information with service provider; [ 23 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the child and her parents for one year; [ 24 ] ORDERS any police officer to collaborate in the execution of the present judgment; [ 25 ] ENTRUSTS the child situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Adélia Ferreira Attorney for the applicant Me Marie-Josée Ayoub Attorney for the mother Me Yan Massé Attorney for the child Me Michel Grenier Attorney for the father

Date of hearing: August 22, 2018