2019 QCCQ 9542, 2019 QCCQ 9542

Protection de la jeunesse — 199221 2019 QCCQ 9542 JG2189 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth division »

N o : 450-41-007093-199 DATE : December 2 nd , 2019 ______________________________________________________________________ BY THE HONOURABLE LISE GAGNON, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF THE CHILD : X Born on [...], 2019 -and- [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of CIUSSS A, working at [...] ; Applicant -and- A The mother -and- UNDECLARED FATHER ______________________________________________________________________ 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) is asking the Court to declare the security and development of X compromised because of her mother’s intellectual limitations that have an impact on her parental capacities. [ 2 ] To address the child’s needs, the DYP requests that the chid be entrusted to her maternal grandfather, Mr.

B and to take judicial notice that the mother is living with him and provides care to the child X with the required level of supervision in accordance with the mother’s capacities. [ 3 ] The mother and the grandfather are present and agree with the recommendation and so does the attorney for the child. Analysis [ 4 ] The mother has two other children, Y (4 years old), who has been adopted, and Z (3 years old), who has been declared eligible for adoption.

[ 5 ] Both Y and Z have been the subject of protective measures under the Youth Protection Act since their birth because of the mother’s cognitive limitations combined with an anxiety disorder and depression that she suffers from; [ 6 ] Following the birth of Y, the mother attended Organization A, but was unable to stay more than a few days. She needed assistance to answer all of her son’s needs because of her cognitive limitations; [ 7 ] The mother has participated in a limited manner in the psychosocial follow up regarding Y and Z.

She was often difficult to reach and at the end of 2018, the mother stopped her medication, making her situation even worse. The mother was not doing well health wise. She was also taking drugs, while pregnant of X. [ 8 ] On [...] 2019, following X’s birth, the mother tested positive for amphetamines. [ 9 ] Because of the mother’s personal difficulties, on [...] 2019, X was entrusted to her maternal grandfather while taking notice that the mother would be living with the grandfather.

Although it was stated in Court that the grandfather would be the caregiver, the social worker discovered shortly after that the mother was actually the one providing care for the child. [ 10 ] The mother and grandfather said they had misunderstood the Court order.

However, as soon as the social worker explained to them the Court order, they rectified the situation. [ 11 ] The mother admits that she needs to take care of herself and work on her own difficulties if she wants to play a more important role in X’s life. [ 12 ] The mother now takes her medication for her anxiety disorder and she is diligent in her social follow-up with the CSSS. And in the last months, the mother is more stable. [ 13 ] The social worker has now allowed the mother to spend a few hours with her daughter without supervision.

These sessions went positively. [ 14 ] X appears very attached to her grandfather who is the main caregiver but she also benefits from her mother’s love and care, according to her mother’s capacities. [ 15 ] So despite major difficulties on the mother’s part, the social worker trust the grandfather to be protective. [ 16 ] The mother is certainly doing better and this is a good news, but the grandfather must remember he is the one in charge. This is why X can stay in her family environment.

FOR THESE REASONS, THE COURT: [ 17 ] GRANTS the present application for protection; [ 18 ] DECLARES the security and the development of the child X are in danger; [ 19 ] ENTRUSTS the child X to her maternal grandfather, Mr.

B; [ 20 ] TAKES JUDICIAL NOTICE that the mother is living with the maternal grandfather; [ 21 ] AUTHORIZES that the level of supervision required when the mother provides care to the child X be modified in accordance with the evolution of the situation; [ 22 ] ORDERS that the mother periodically report to the Director of Youth Protection on the measures that she applies to herself or to her child X to put an end to the situation of endangerment; [ 23 ] ORDERS that the mother actively participate to the application of the measures ordered, particularly in the elaboration and actualisation of the intervention plan and the psychosocial follow-up; [ 24 ] RECOMMANDS that the mother maintain all her follow-up (CSSS, psychiatrist, family doctor) for the time deemed necessary; [ 25 ] TAKES JUDICIAL NOTICE that the mother has made a request to receive psychological services; [ 26 ] ORDERS that the mother inform the Director of Youth Protection of any change in her situation; [ 27 ] TAKES JUDICIAL NOTICE that the Director of Youth Protection will proceed to the clarification of a life project for the child X; [ 28 ] ORDERS that a person, working for CIUSSS A or any other establishment or body, provide aid, counsel and assistance to the child X and her mother until August 30 th , 2020 ; [ 29 ] ENTRUSTS the child X to the Director of Youth Protection to see that the measures are carried out.

Signed on December 9 th , 2019.

__________________________________ Lise Gagnon, J.C.Q. M e Idil Omar Abdi Counsel for the DYP M e Gabrielle Lemay Counsel for the child M e Céline Gallant Counsel for the mother Dates of hearing : August 27 th , 2019 and December 2 nd , 2019 Exhibits deposited : D-6