2012 QCCQ 12787, 2012 QCCQ 12787

Protection de la jeunesse — 124827 2012 QCCQ 12787 JD2125 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT […] LOCALITY […] Youth Division No. 455-41-000793-125 DATE: July 4, 2012 ______________________________________________________________________ PRESENT: THE HONOURABLE JOHANNE DENIS J.C.Q. ______________________________________________________________________ IN THE SITUATION OF THE CHILD: X Born on […], 2008 [INTERVENANTE 1] , person duly authorized by the Director of Youth Protection of the Centre jeunesse A, having its main place of business at […], City and District A(Québec) […] Petitioner and A , […], city B (Québec) […] and B , […], city C (Québec) […] Parents of the child and COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE , […], City and District A (Québec) ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Court is seized of a motion filed by the Director of Youth Protection seeking to have the security and development of X , four years old, declared in danger under

section 38( b )(2) of the Youth Protection Act. [ 2 ] The allegations in the motion, admitted by all of the parties, adequately summarize the situation of the mother, who has a serious mental health problem that the physicians have trouble, not only defining the exact nature of, but also prescribing adequate medication for. [ 3 ] The Director alleged: 3. . . .

a) The child’s situation has been reported due to serious risk of neglect (mother’s mental health);

b) On March 23 rd , 2012, the mother attempted suicide in the presence of her child;

c) At the time of the attempt, the mother did not go to the hospital;

d) The mother suffers from depression since several months;

e) The mother experiences auditory hallucinations, hearing voices telling her to kill herself;

f) The mother’s doctor has not been able to set the adequate dosage for her medication;

g) The mother has trouble sleeping and eating;

h) The mother’s psychiatrist mentions that due to her condition it is not easy for the mother to take care of the child on a regular basis;

i) Since May 7 th , 2012, the mother agrees to entrust the child to her sister for one week or two (2);

j) Prior to this situation, the mother had an agreement with the father and the paternal grandmother entrusting the child once every second week to the paternal grandmother;

k) The parents are in agreement with the recommendation; [ sic ] [ 4 ] With the consent of the parties, the Director filed an assessment-orientation report prepared by Ms. [social worker 1] to further substantiate those facts. The Director asked that the child be entrusted to her maternal aunt and her paternal grandmother for the next six months, alternating each week between the two environments. The Director said that, in actuality, the paternal grandmother has already been receiving the child every other week for nearly a year.

That step was taken on the mother’s initiative. [ 5 ] The Director hopes to define the terms of the child’s rights of access to her mother following an agreement between the parties, and to provide a certain degree of supervision for that purpose. [ 6 ] The mother, represented by counsel, accepted those measures.

Her attorney pointed out that, during her client’s episodes of hallucinations, she heard voices that encouraged her to commit suicide, but there was never any question of harming the child. [ 7 ] However, according to the uncontradicted evidence, the mother has tried to end her life twice by taking many pills and on one occasion the child was present in the home. [ 8 ] Additionally, the mother wants to see a new psychiatrist, as she believes that she is not receiving medication adjusted to her condition.

According to the psychiatrist, the mother’s problem lies more in the fact that she does not follow his recommendations, as she does not continue to take her medication. [ 9 ] The father agreed to the measures sought. [ 10 ] The child’s attorney also consented to them. [ 11 ] It is true that these are short-term measures, considering the mother’s wish to receive services from a new psychiatrist. However, in the meantime the mother agrees to continue to see her current psychiatrist.

The six-month period will allow time to verify if the mother has succeeded in stabilizing her mental health situation. [ 12 ] THEREFORE, THE COURT: [The following passage appears in English in the original French-language judgment.] [ 13 ] GRANTS the motion; [ 14 ] DECLARES that the security and the development of the child X are in danger; [ 15 ] ORDERS that the child be entrusted to her maternal aunt, Mrs. C every other week and to her paternal grandmother, Mrs.

D the other week; [ 16 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child and her family for a period of six (6) months; [ 17 ] ORDERS that the contacts between the mother and her child be upon agreement between the parties and including a degree of supervision; [ 18 ] ENTRUSTS the situation of the child X to the Director of Youth Protection of Le Centre jeunesse A for the execution of the present judgment. [End of passage.] _______________________________ (

s) JOHANNE DENIS J.C.Q. Mtre. Louise Martel Counsel for the D.Y.P. Mtre. Danielle Dontigny Counsel for the child

Mtre. Christine Loubier Counsel for the mother Date of hearing: July 4, 2012