2018 QCCQ 20396, 2018 QCCQ 20396

Protection de la jeunesse — 1811622 2018 QCCQ 20396 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002216-189 DATE: November 20, 2018 (written judgment rendered on April 11, 2019) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2013 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A, residing and domiciled at [...] Mother and B , residing and domiciled at [...] ______________________________________________________________________ JUDGMENT (Section 38 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 ] The Director of Youth Protection (DYP) asks the Court to declare that the security and development of the child X, born on [...], 2013, are in danger under sections 38 (b) (1) ii. and (b) (1) iii. [1] of the Youth Protection Act . Position of the parties [ 2 ] The mother is present and the father is absent. Both are represented by Me Tommasel.

They admit most of the allegations and they agree with the measures. [ 3 ] After hearing the evidence, Me Neptune the child’s lawyer, submits that the situation of X should be declared in danger and invites the Court to grant the recommended measures. Facts [ 4 ] X is 5 years old. He has a sister and the Court is also seized with her situation. X has important medical issues regarding his growth and his level of blood glucose.

A very close daily follow-up is required. [ 5 ] X is diagnosed with septo-optic dysplasia with growth-hormone deficiency and hypothyroidism. [ 6 ] The parents have alcohol consumption issues, and until recently, financial difficulties. The children did not always have enough food and the parents explain not having time to cook, but they do not work. [ 7 ] The mother found a job as a translator for the nursing.

Since this new job, the parents did not ask for food or for financial support. [ 8 ] Between June and August 2018, the DYP received four reports regarding the lack of follow-up from the part of the parents about the health of X. Because he did not receive the appropriate care, he had to be medevac few times and the medical staff was scared not to be able to maintain the child alive. His blood sugar was very low and the risk of permanent damages was very high. [ 9 ] When X went back from Montreal after hospitalization, the parents did not have the appropriate medication for the injection.

Few times the DYP worker had to intervene to do the injection or to bring the child at the nursing to make sure he receives it. [ 10 ] On August 21, 2018, voluntary measures were signed and the parents consented to entrust their son to a foster family. But as no foster family able to answer X’s special needs was found, the DYP decided to maintain the child at the parents place, with a close follow- up from the social worker. The DYP worker came every day at home to make sure X receive the good care in a timely manner.

[ 11 ] The parents did not take the step to register X at school. The pediatrician insists on the importance for X to be at school because he needs a lot of stimulation. [ 12 ] The pediatrician also explained that the foster family will have to follow some training to be able to take care of X. On October 4, Ms. C said being available and follow the training. X is entrusted to her and he calls her “Grandma.” [ 13 ] On October 12, the mother went to the office and said she misses her son a lot.

She seemed to realize the impact of her consumption on her children. [ 14 ] On October 17, 2018, the Court was seized with an emergency hearing and X was entrusted to a foster family. [ 15 ] The parents came to see their son at the foster-family house without previous authorization and X reacted a lot. After this visit he suffered from encopresis and enuresis. [ 16 ] Since then, the visits take place at the office and they make sure that the two children could see each other. [ 17 ] The weekend before the court hearing, the father was arrested for conjugal violence and release with conditions.

Y was very scared to see her parents intoxicated. [ 18 ] The mothers offer a good collaboration to the DYP. Every time it’s requested, she comes at the office. The situation is different with the father. He does not appreciate the services of the DYP and reproach to be there to take off the children from the parents. Analysis [ 19 ] X is living in an environment where he is at risk. He is at risk not to receive answers to his basic needs and to his emotive needs.

Moreover he has very special needs and requires a very close attention. [ 20 ] Because of the family dynamic, he is confronted with domestic violence and alcohol consumption. He does not have the stimulation needed for a 5-year-old child. [ 21 ] As Ms. C received the training to be able to take care of X and as the DYP plans to entrust X under her care, the Court will entrust X specifically to her as she is actually the only one able to take care of him and to avoid a change of the foster family and instability.

FOR THOSE REASONS, THE COURT: [ 22 ] GRANTS the application; [ 23 ] DECLARES that the security and development of the child X, born on [...], 2013, are in danger under sections 38 (b) (1) ii. and (b) (1) iii. of the Youth Protection Act ; [ 24 ] ORDERS that the child be entrusted to Ms.

C as a foster family if she accredited as such; [ 25 ] ORDERS that the child receive specific health care and services required by his situation and a speech therapist follow-up; [ 26 ] ORDERS that the occupational therapist report be filled in the Court’s record; [ 27 ] ORDERS that the medical recommendations, including the speech therapist and the occupational therapist reports, be explained to the parents and Ms.

C and that all the recommendations be applied; [ 28 ] ORDERS that the recommendations from the speech therapist and the occupational therapist concerning the schooling be provided and explained to the school staff and that they be applied; [ 29 ] ORDERS that the school staff be maintained aware of the child needs according to the recommendations of the health professionals; [ 30 ] ORDERS that the parents take an active

part in the application of any of the measures ordered by the Court; [ 31 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 32 ] ORDERS that the child attend school on a regular basis; [ 33 ] ORDERS that the child and the family receive the services of an external educator on a regular basis; [ 34 ] ORDERS that the parents remain sober in the presence of the child; [ 35 ] RECOMMENDS that the parents seek help through the Social Services concerning their personal issues and to accept to participate in the sand therapy organized in City A; [ 36 ] ORDERS that the contacts between the child and the parents be determined by the Director of Youth Protection as for the modalities, the frequency and the degree of supervision; [ 37 ] ORDERS that the frequency of the contacts be extended according to the evolution of the situation;

[ 38 ] ORDERS that the parents be informed of all medical appointment and hospitalization of the child to allow them to be present; [ 39 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the child, the parents and Ms. C; [ 40 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 41 ] ORDERS the execution of the present judgment by any peace officer; [ 42 ] THE WHOLE until November 30, 2019. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Sarah Bourgeois-Lessard, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Me Angèle Tommasel, attorney for the parents Date of hearing: November 20, 2018