2018 QCCQ 19459, 2018 QCCQ 19459

Protection de la jeunesse — 1810814 2018 QCCQ 19459 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000903-184 DATE: October 31, 2018 (written judgment rendered on February 4, 2019) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2018 [...], Youth Protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A, residing and domiciled at [...] Mother ______________________________________________________________________ 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 [...], 2018, are in danger under

section 38 (b) (2) [1] of the Youth Protection Act . [ 2 ] The mother is present and represented by Me Tommasel. Even if she denies some allegations, she admits that the security and development of her child are in danger and she agrees with the measures, but insist on having her child entrusted up to North. [ 3 ] The child is 3 months old. He is represented by Me Neptune. After hearing the evidence, she considers that the security and development of the child are in danger and she invites the Court to order the recommended measures. Facts [ 4 ] The mother suffers from schizoaffective disorder.

A treatment order was rendered in August 2017, until August 10, 2020. Because of her mental health issues, the mother could be impulsive and have episodes of decompensation. During those periods she hears voices, has unusual behaviour and increase her drugs and alcohol consumption. [ 5 ] The mother is actually on a voluntary trust, and the social worker manage her finances. [ 6 ] She says to be alone since her parents passed away. She has two sisters, but according to her, they are not supportive.

She totally depends on the social services. [ 7 ] Her doctor explains that she could present paranoia, emotional distress, depressive moods, dramatization, crying, etc. Her medication needs to be adjusted frequently and for this reason, she has a close follow-up with specialists at Douglas Hospital. Also, the doctor pointed out that the contact between the child and the mother have to be supervised to ensure the safety of the child. [ 8 ] X was born prematurely and was hospitalized for one month in Town A. The mother stayed with him in Town A.

The nurse noted that the mother could give good care to the child but most of the time she was not confident enough despite the encouragement from the nurse. [ 9 ] When the child was discharged from the hospital, on August 1, 2018, the DYP entrusted the child to a foster family and on August 6, 2018, a provisional agreement was signed. On September 4, 2018, the Court rendered a provisional measure and the child was maintained in a foster family. X is in the same foster family since September 7, 2018.

He is in Town B, with Ms C, a [...] family. [ 10 ] The worker asks the mother to suggest family members who could take care of X. She suggested her two sisters, but one refused and the other one was not accredited by the DYP to take care of a new born. She suggested the sister of the undeclared father of X, but she also refused. [ 11 ] After the court hearing on provisional measures, the mother was unreachable. After few days, she communicated by herself with the DYP and collaborated well. A visit was organized in Town A on October 10, 2018. She was happy to see her son, adequate and

caring. She was still not confident and needs support from the escort, but she was open to receive the help. [ 12 ] The mother has two other children. They are entrusted to their father and grandmother in Town C. She goes to see them sometimes. [ 13 ] The DYP mentions that the objective of the measure is to entrust the child in a foster home and to plan a life project for him. He also wants the child to keep contact with his mother and to help the mother to be involved in his life. [ 14 ] Some attempts were made to find a foster family up to North and no one were found.

The worker testifies she intends to continue research. [ 15 ] The DYP asks the Court to consider the travelling between Town A to Town C and the difficulties related to accommodations before ordering a minimum frequency of access rights. [ 16 ] The mother’s lawyer insists on the importance to find a foster family in Town C or minimally in the North. Analysis [ 17 ] The evidence clearly shows that the mother is not in position to take care of the child.

Her mental health issue and her low self- confidence create a high level of risk for a new born. [ 18 ] It’s very sad to see that no one in the extended family is ready to take care of the child. That would help the mother to maintain frequent contact with her child. Steps have to be continued intensively to find a foster family in the [Region A]. FOR THOSE REASONS, THE COURT: [ 19 ] GRANTS the motion; [ 20 ] DECLARES that the security and development of the child X, born on [...], 2018, are in danger under

section 38 (b) (2) of the Youth Protection Act ; [ 21 ] ENTRUSTS the child X to a foster family, chosen by the institution operating a child and youth protection centre; [ 22 ] ORDERS that the necessary steps be done to find a foster family as soon as possible in the town of Town C; [ 23 ] ORDERS that the contacts between the child and the mother be determined by the Director of Youth Protection as for the modalities, the frequency and the degree of supervision; [ 24 ] ORDERS that the frequency of the contacts be adapted according to the place where the child is entrusted to; [ 25 ] ORDERS that the mother take an active

part in the application of the measures ordered by the Tribunal; [ 26 ] ORDERS that the mother report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 27 ] Considering the consent given by the mother, ORDERS the mother to participate in an evaluation to determine the parental capacity and to follow all the recommendations set out by the professionals; [ 28 ] Considering the consent given by the mother, AUTHORIZE the exchange of information between the professionals and the Director of Youth Protection regarding the attendance and the progress, all the other information being covered by client privilege; [ 29 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the child and his mother; [ 30 ] ORDERS the police to collaborate to the execution of the enactment; [ 31 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A for the purpose of executing the order; [ 32 ] THE WHOLE until July 31, 2019. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Geneviève Apollon, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Me Angèle Tommasel, attorney for the mother

Date of hearing: October 31, 2018