2019 QCCQ 19191, 2019 QCCQ 19191

Protection de la jeunesse — 197649 2019 QCCQ 19191 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] « Youth division »

N o : 455-41-001239-193 DATE : October 3, 2019 ______________________________________________________________________ BY THE HONOURABLE LISE GAGNON, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF THE CHILDREN : X Born on […], 2019 Y Born on […], 2019 -and- [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of CIUSSS A, working at […] ; Applicant -and- A -and- B Children’s parents ______________________________________________________________________ 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 (DYP) submits to the Court a motion for protection in the situation of the twins, X and Y (5 months) for serious risk of neglect. [ 2 ] To address the children’s needs, the DYP recommends that the children be entrusted to a foster family and that the contacts between the children and the parents be supervised. [ 3 ] The parents admitted to the grounds raised, recognized the problems and agree with the DYP’s recommendations.

Analysis [ 4 ] X and Y were born premature at 32 weeks and remained hospitalized for two weeks. During that period, the parents visited their children twice. [ 5 ] On April 30 th , 2019, the children were transferred to the Hospital A. The mother was present but she left the next day. [ 6 ] On May 7 th , the parents visited their children but the nurses regularly had to intervene to ensure that the children’s needs were met.

[ 7 ] On May 10 th , considering the parent’s difficulties to answer the children’s needs, X and Y were provisionally entrusted to a foster family. [ 8 ] Since then, the children’s health situation has deteriorated. [ 9 ] In August, the foster family brought the children back to the hospital and the pediatricians discover that both children suffer from serious brain damage. [ 10 ] The children undergo a deeper medical examination. The children might be deaf, blind and suffer from a digestive system problem.

The children’s development is abnormal. [ 11 ] The pediatricians are very concerned. [ 12 ] Tha current foster family cannot take care of the children anymore due to their many needs. The DYP is looking for a specific foster family. [ 13 ] In the meantime, the parents and the grandmother, who has some experience with children requiring specific care needs, remain present. The grandmother would like to be evaluated as to whether she can take on the children’s responsibility. [ 14 ] Both parents show good collaboration and acknowledge that their children have important specific needs that they cannot fulfill.

FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the present application for protection; [ 16 ] DECLARES that the security and the development of the children X and Y are in danger for the reason of serious risk of neglect; [ 17 ] ENTRUSTS the children X and Y to a foster family; [ 18 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in their children’s regard to put an end to the situation in which the security of development of the children are in danger; [ 19 ] ORDERS that the children receive specific health care and health services; [ 20 ] ORDERS that the parents take an active

part in the application of any of the measures ordered by the Court; [ 21 ] AUTHORIZES , in the children X and Y favour, supervised contacts with the parents upon frequency and modalities to be determined by the Director of Youth Protection according to the children’s specific needs; [ 22 ] AUTHORIZES , in the children X and Y favour, contacts with the maternal grandmother upon frequency and modalities to be determined by the Director of Youth Protection according to the children’s specific needs; [ 23 ] TAKES JUDICIAL NOTICE that the maternal grandmother could be evaluated as a potential foster family following a positive evolution of the children X and Y’s medical situation; [ 24 ] ORDERS that a person, working for CIUSSS A or any other establishment or body, provide aid, counsel and assistance to the children X and Y and their family for a period of one year ; [ 25 ] ENTRUSTS the children X and Y to the Director of Youth Protection to see that the measures are carried out.

Signed October 29 th , 2019. __________________________________ Lise Gagnon, J.C.Q. M e Christine Loubier Counsel for the DYP M e Caroline Rosa

Counsel for the children M e Erica Gosselin Counsel for the mother Date of hearing : October 3 th , 2019 Exhibits deposited : D-1 to D-4