2016 QCCQ 12200, 2016 QCCQ 12200

Protection de la jeunesse — 165306 2016 QCCQ 12200 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] LOCALITY [...] « Youth Court Division » N°: 525-41-029800-158 Date: August 10, 2016 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 2015 [Social Worker 1] , duly authorized by the Director of Youth Protection of A Youth and Family Centres Applicant -and- A , the mother The parent JUDGMENT

Section 95- 95.1 of the Youth Protection Act (L.R.Q., C. P-34.1 ) 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 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of August 10, 2016, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with a Motion for revision and extension of an order rendered by the undersigned, on July 6, 2015, whereby the now fourteen month-old child, X , was entrusted to the care of a foster family with aid, counsel and assistance, for a period of one year. [ 3 ] The facts alleged in support of the Motion for revision and extension dated 3 6, 2016, are as follows: 3.1. the mother does not show any signs of improvement; 3.2. the mother’s alcohol abuse has persisted and is concerning for her own safety; 3.3. the mother admitted to the worker that she drinks three (3) to four (4) bottles of wine per day; 3.4. the mother is not ready to seek any help to address her personnal issues; 3.5. during a meeting with the worker, the mother maintained that she is unable to care for the child and feels that the child is in a good place; 3.6. the mother expressed not wanting to visit with the child; 3.7. the mother stated wishing that the child be adopted; 3.8. the child has been doing very well in the care of her foster family; 3.9. the foster family, which has adopted the child’s biological brother, are currently in the process of gathering the necessary documents to have their home re-evaluated for adoption (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the child remain entrusted to the care of a foster family, with aid, counsel and assistance, as well as additional corrective measures, for a period of one year.

[ 5 ] The mother, though duly advised of the proceedings, failed to appear without any explanation. Consequently, the Court proceeded in her absence. [ 6 ] The child’s father is not declared on her birth certificate. [ 7 ] Me Hamel, on behalf of the child, made no admissions but approved of the measures proposed by the Director of Youth Protection. [ 8 ] The Director filed Exhibits D-4 and D-5 as evidence: D-4: Court report, signed by [Social Worker 1], on April 27, 2016; D-5: Addendum, signed by [Social Worker 1], on August 2, 2016. [ 9 ] In

summary, the evidence establishes the facts alleged in support of the motion. [ 10 ] Moreover, the mother’s condition is increasingly worrisome as described in the addendum to the Court Report : On July 13, 2016, this worker visited Ms. A and the maternal grandmother. Both of them reported that 911 was called on the previous weekend (July 9 th , 2016) and Ms. A was hospitalized at Verdun Hospital.

It was reported that she had taken about 25 speed pills over a period of 5 days and that she must have fallen and hit her chin. […] She further disclosed that she is still in contact with her boyfriend who was abusive towards her but she excused his past behavior and denied him being abusive. She also admitted that she got her drugs and alcohol through sleeping with various men. [2] [ 11 ] As for the child, she seems to be developing normally: Given X’s young age, the traits for FAS were not obvious but Dr. Munz will continue to monitor her health situation. At this moment, Dr. Munz did not express any concern.

Dr. Munz thinks that X is growing very well, especially her head circumference considering she was born with a very small head. She thinks X is developing well following the normal growth curve. [3] [ 12 ] She also appears to be very content in her foster family: Ms. C described X as a very easy and happy child who babbles a lot and smiles a lot.

X also gets along well with her foster siblings at home. [4] [ 13 ] Under the circumstances, given the evidence and the consent expressed on behalf of the child, the Court is satisfied that the motion is well-founded and that the recommendations are in the child's interest.

THEREFORE, THE COURT: [ 14 ] GRANTS the motion; [ 15 ] DECLARES that the security and development of the child, X , remain compromised under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 16 ] ORDERS that the child be entrusted to foster care; [ 17 ] TAKES JUDICIAL NOTICE that the child will remain in the foster home of Ms. C and Mr.

D; [ 18 ] ORDERS that the frequency and modality of contacts between the child and her mother be determined by the Director of Youth Protection, including supervision if necessary; [ 19 ] RECOMMENDS that the mother take steps to address her personal issues (i.e. mental health and alcohol abuse) and report back to the Director of Youth Protection; [ 20 ] WITHDRAWS certain attributes of parental authority from the mother and AUTHORIZES the foster parents, Ms. C and Mr.

D, to exercise those attributes for the purpose of signing any necessary consents for the child; [ 21 ] ORDERS that the mother be informed; [ 22 ] ORDERS that the child continue to benefit from any health care services that she may require, more particularly given the mother’s substance abuse during her pregnancy to address any difficulties, delays or symptoms associated with FAS; [ 23 ] ORDERS that a person working for A Youth and Family Centres provide aid, counsel and assistance to the child and her family; [ 24 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of A Youth and Family Centres, who shall then see that the measures are carried out; [ 25 ] ORDERS the execution of the present judgment by any peace officer, if deemed necessary;

[ 26 ] THE WHOLE for a period of one year. TAYA DI PIETRO, Q.C.J. Me Nadia Sabik Attorney for the Director of Youth Protection Me Robert Hamel Attorney for the child TD/vl