2017 QCCQ 8511, 2017 QCCQ 8511

Protection de la jeunesse — 173407 2017 QCCQ 8511 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No: 640-41-002071-162 DATE: February 17, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE RENÉE LEMOINE J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2012 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A, District A Applicant and A , residing and domiciled in City A, District A Mother ______________________________________________________________________ JUDGMENT ( sections 38 and 75 of the Youth Protection Act , CQLR c.

P-34.1) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing 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 (D.Y.P.) submitted a motion for protection for the child X, born on [...], 2012. [ 2 ] The mother was represented at the hearing and admitted almost all of the allegations of the motion.

She agreed with the recommendations proposed in the evaluation report. [ 3 ] On March 17, 2016, the mother signed voluntary measures and the child remained in a foster family. [ 4 ] The agreement on voluntary measures mentioned the following: • That X doesn’t have proper winter clothing; • That X is still wearing diapers; • That the child does not talk; • The lack of hygiene given to the child by the mother; • That the mother admits not being able to care for her daughter at this time; • That mother’s social adaptation problems negatively impacts her child’s development and socialization; [ 5 ] The mother agreed to entrust her child to foster care for a period of eight months, with other measures to support her and her child. [ 6 ] The child is a young, very vulnerable, four-year-old girl.

Previously, she had major delays regarding language, motor ability and personal cleanliness. She was entrusted to a specialized foster home and she caught up, thereby eliminating those delays. She learned quickly and her development was similar to a child of the same age. X attended a daycare centre and it helped with regard to her socialization. [ 7 ] The mother provided very good collaboration. She never hesitated to get help from social services or Douglas Hospital. She showed openness to working on herself and improving her parenting capacities. [ 8 ] She was diagnosed with chronic paranoid schizophrenia.

She has irrational fears which have negative impact on her life and the child’s life. [ 9 ] The mother loved her daughter but sometimes became overwhelmed when she had the child under her supervision.

[ 10 ] Therefore, the Court declares the security and development of the child in danger under

section 38 ( b ) (1) i and ( b )(2) of the Youth Protection Act . [ 11 ] Since mid-August, the child had been living with extended family in City B. The contact between the child and her mother was mostly by phone. A calendar would be prepared to permit contact between them. [ 12 ] In the next months, a long-term plan will have to be prepared. X needs stability and continuity in her living conditions.

FOR ALL THESE REASONS, THE COURT: [ 13 ] GRANTS the motion; [ 14 ] DECLARES that the security or development of X, born on [...], 2012, is in danger; [ 15 ] ORDERS that the child be entrusted to a foster family chosen by the institution operating a child and youth protection center; [ 16 ] ORDERS that the child’s mother report periodically to the Director of Youth Protection on the measures she applies in her own regard or in the child’s regard to put an end to the situation in which the security or development of the child is in danger; [ 17 ] ORDERS that the child’s mother take an active

part in the application of all of the measures ordered by the Court; [ 18 ] ORDERS that the child attend a childcare establishment; [ 19 ] RECOMMENDS that the mother seek help through social services concerning her personal issues; [ 20 ] ORDERS that the contact between the child and the mother be supervised by the Director of Youth Protection regarding the terms and degree of supervision; [ 21 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family; [ 22 ] ORDERS the police to collaborate in the execution of the judgment; [ 23 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the purpose of executing the order; [ 24 ] THE WHOLE , until August 30, 2017. __________________________________ RENÉE LEMOINE J.C.Q.

Mtre. Kimon Kling Attorney for the child Mtre. Aubree Coutanson Attorney for the applicant Mtre. Marianne Léonard Attorney for the mother Date of hearing: November 29, 2016