2018 QCCQ 14870, 2018 QCCQ 14870

Protection de la jeunesse — 185452 2018 QCCQ 14870 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 635-41-000858-180 DATE: July 9, 2018 ______________________________________________________________________ BY THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2018 [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of A Applicant ______________________________________________________________________ JUDGMENT (sections 95(1) and 75 of the Youth Protection Act ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of information allowing for a child or the child’s parents to be identified.

Every person who contravenes this provision is guilty of an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A .). [ 1 ] The Director of Youth Protection submitted an application to review and extend the decision rendered on March 28, 2018, ordering that the child remain with the mother. [ 2 ] Shortly after the decision rendered by Honourable Jean Gravel, on April 11, 2018, the mother was found dead by suicide in her house. The child was found face down on the floor.

She was brought immediately to the hospital to be examined and received health services. [ 3 ] The child has a medical condition called central cyanosis (severe problems with airway, breathing and general circulation). She requires attentive follow-up care for her medical needs. She has a cardiologist appointment in late May 2018. [ 4 ] She was traditionally adopted by Ms. A the day she was born. The biological mother was not involved in her life. [ 5 ] Ms. A, the adoptive maternal grandmother, states that she believes the child’s place is with her family.

However, she admits that it is not possible right now to care for the child because she has been grieving. [ 6 ] The applicant reported that the maternal grandmother struggles with excessive alcohol consumption and personal issues. She says that she is willing to work on her issues and plans to attend treatment. According to the revision report, Ms. A has been planning to attend treatment for more than six months and nothing has been done yet. [ 7 ] Mr. A and her partner, Mr.

B, are present for the child; they provide toys and clothes and express their desire to have frequent visits. [ 8 ] Currently, it is in the child’s best interests to be entrusted to a foster home. The next year will be used to assess whether the child’s immediate family resolves their issues and improves their situation. If changes are not observed in the grandparent’s life to ensure the child a stable environment, it will be necessary to find a substitute plan in order to ensure stable living conditions on a permanent basis.

FOR ALL THE ABOVE REASONS, THE COURT: [ 9 ] GRANTS this motion; [ 10 ] REVISES the decision or order rendered on March 28, 2018;

[ 11 ] DECLARES that the security or development of the child X, born on [...], 2018, continues to be in danger; [ 12 ] ORDERS that the child be entrusted to a foster family, chosen by the institution operating a child and youth protection center; [ 13 ] ORDERS that the child’s grandparents take an active

part in the application of any of the measures ordered by the Tribunal; [ 14 ] ORDERS that the child’s grandparents report in person, at regular intervals, to the Director to inform him of the current situation; [ 15 ] ORDERS that the grandparents remain sober in the presence of the child; [ 16 ] ORDERS that the grandparents refrain from any aggression or violence in the presence of the child; [ 17 ] RECOMMENDS that the grandparents seek help through Social Services for their alcohol and personal issues; [ 18 ] ORDERS that contact between the child and the grandparents and the extended family be determined by the Director with respect to the terms, frequency and degree of supervision; [ 19 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child, the child’s family and the foster family; [ 20 ] RECOMMENDS that a life plan be put in place for the child as soon as possible; [ 21 ] ENTRUSTS the situation of the child to the Director of Youth Protection of A or the purpose of executing the order; [ 22 ] THE WHOLE until May 31, 2019. __________________________________ RENÉE LEMOINE, J.C.Q.

Mtre Marianne Léonard Attorney for the child Mtre Geneviève Apollon Attorney for the applicant Date of hearing: May 24, 2018