2014 QCCQ 16530, 2014 QCCQ 16530

Protection de la jeunesse — 145004 2014 QCCQ 16530 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division No. 640-41-001732-145 DATE: September 5, 2014 ______________________________________________________________________ PRESENT: THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ IN THE MATTER OF X , born […]2014 [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A Applicant and A , residing and domiciled in Town A, Québec, District A Mother and B , residing and domiciled in Town A, Québec, District A Father ______________________________________________________________________ JUDGMENT (

section 38 (

b) of the Youth Protection Act , C.Q.L.R. 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.). I - INTRODUCTION [ 1 ] The Court is seized of an application to declare the security and development of the child X in danger under

section 38 (

b) of the Youth Protection Act . [ 2 ] The parents admitted in part the facts alleged by the petitioner. They did not contest the recommendation for a period of placement in a foster family but they disagreed with the period of one year proposed by the [Social Worker 1]. II - THE EVIDENCE [ 3 ] The child was born […] 2014 at [hospital A]. [ 4 ] He was hospitalized for seven (7) weeks in observation at [hospital B] from March 18, 2014 to May 9, 2014. He has a heart problem. According to the medical report, he has a small hole in his heart.

He had to be closely monitored because he had to have surgery for his heart condition. The medical team suspected possible genetic problems such an Optiz or FASD. He has numerous tests to be done to confirm such a disease. [ 5 ] During the hospitalization, the parents were present and acted very appropriately with the baby. They cooperated with the medical staff and were present at all times, alternating with their baby. [ 6 ] On May 7, 2014, it was confirmed that the baby did not require surgery and had to be discharged from the hospital.

A provisional agreement was signed by the parents to place the child in a foster home for 30 days. [ 7 ] The child was placed in a foster home in Town B. On June 22, 2014, he was hospitalized because he refused feeding and was more irritable. [ 8 ] He was transferred to Town C for further assessment on June 25, 2014. It was discovered that he had received the wrong baby formula from the pharmacy in Town C. The change of formula stabilized his medical situation. He was discharged from the hospital on July 1, 2014. [ 9 ] The parents have major financial difficulties.

The father has a part-time job and the mother applied for social assistance but she must complete other steps to be eligible. They need support from their family and from the community in order to meet their own needs.

[ 10 ] During the period of assessment, they showed immaturity and difficulty getting organized. [ 11 ] The parents have two other children who have been placed under the Youth Protection Act . The parents failed to provide medical care and adequate nutrition for their children. The youngest child was medivaced to Town C. He almost died of malnourishment and other serious medical problems. [ 12 ] The assessment showed a lack of parental capacity to ensure the well-being of young children. [ 13 ] Until the Court hearing, the parents’ cooperation with the Director of Youth Protection was half-hearted.

They need a lot of support and help but they are passive and do not complete the necessary steps to improve their parental skills. [ 14 ] However, they mentioned at the Court hearing that they are willing to participate in services to improve their parental skills. III – ANALYSIS [ 15 ] The vulnerability of the child and the lack of parental capacity on the part of the parents form the basis for declaring the security and development of the child in danger under

section 38 ( b ) (2) of the Youth Protection Act , because of a situation in which there is a serious risk that the child's parents will not provide for his basic needs. [ 16 ] Both parents are known to be quiet people. The mother does not consume alcohol or any drugs.

The father has reduced his drinking and does no t usually consume alcohol. [ 17 ] The parents need services and support to improve the life skills and parental skills required to raise their child in a healthy environment. [ 18 ] The Court believes that it is essential for the parents to collaborate with the Director of Youth Protection and accept help and counselling to improve their situation. [ 19 ] The first seven (7) weeks at the hospital with the baby inspire confidence that the parents can act appropriately and be able to follow recommendations for the well-being of their child. [ 20 ] It is very important that both parents understand that X is a very young child and, as time passes, he will have more and more difficulty building strong ties with his parents.

It is important for them to have frequent contact with him. The visits will be supervised by the Director of Youth Protection. If they want to be meaningful in X's life, they must make important decisions as regards their own lives. They will have to be involved in counselling to improve their parental capacity. [ 21 ] They will also have to agree to cooperate with the Director of Youth Protection and follow the recommendations made in order to provide a safe environment for the child and meet his needs.

FOR ALL THESE REASONS, THE COURT: [ 22 ] GRANTS the motion; [ 23 ] DECLARES that the security and development of X, born […] 2014, are in danger as a result of the parents’ problems that put the child at risk of neglect; [ 24 ] ORDERS that the child be placed in a foster home for a period of six (6) months; [ 25 ] ORDERS that contact between the child and the parents be supervised by the Director of Youth Protection; [ 26 ] ORDERS that contact between the parents and the child be organized once a month at a minimum; [ 27 ] RECOMMENDS that the child be in contact with his sibling if possible; [ 28 ] ORDERS that both parents undergo a psychological assessment, including an assessment of their parental capacity; [ 29 ] ORDERS that the parents participate in or attend a program or workshops to improve their parental skills; [ 30 ] ORDERS the parents to cooperate in the measure proposed by the Director of Youth Protection; [ 31 ] ORDERS that the child receive all the medical help required by his medical situation; [ 32 ] ORDERS that the parents authorize the transmission of information to other professional organizations concerning the health and well-being of their child; [ 33 ] ORDERS that the Director of Youth Protection provide aid, counselling and assistance to the child and his parents for the next six (6) months; [ 34 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present judgment.

__________________________________ RENÉE LEMOINE Mtre. Joanie Jacob For the child Mtre. Suzanne Arpin For the applicant Mtre. Angele Tomassel For the mother Date of hearing: August 12, 2014