2020 QCCQ 7298, 2020 QCCQ 7298

Protection de la jeunesse — 206129 2020 QCCQ 7298 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 640-41-002016-167 DATE: February 25 th 2020 ______________________________________________________________________ PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on [...] 2012 Child [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A Applicant and A Mother ______________________________________________________________________ JUDGMENT (

Section 95 Youth Protection Act , R.S.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 ] The Director of Youth Protection (the “Director”) asks the Court to review the decisions made on April 25 th 2019 in the situation of the child, X. [ 2 ] The mother is present through visio-conference.

She admits most of the alleged facts and accepts the proposed measures. [ 3 ] The child had communications with his lawyer. The visio-conference which would allow him to participle in the hearing of the Director’s application did not function on February 25 th 2020. [ 4 ] His lawyer made representations on his behalf through a legal mandate.

The child was very emotional when his lawyer tried to explain to him the proposed measures. [ 5 ] The child lives in his current foster family since the spring of 2017. [ 6 ] The child is now 8 years old. [ 7 ] He has been followed by the Montreal Children Hospital since 2015 at which time he was diagnosed with acute lymphoblastic leukemia. [ 8 ] In a letter written on April 8 th 2019, Dre Christine Sabapathy underlined that the child had made significant progress. His blood count had more or less returned to normal.

He will however need continuous post treatments in the coming years. [ 9 ] The mother has demonstrated parental capacities with her other children. She is motivated to have her son back with her. [ 10 ] The child is torn between his two families and says that he has one in an [community A] and one in the south part of Québec. [ 11 ] The Director wants to invest in the mother’s motivation as the possibility of reintegration is available on a short-term basis. FOR ALL THESE REASONS, THE COURT: [ 12 ] GRANTS the application; [ 13 ] DECLARES that the security and development of the child, X, are still in danger;

[ 14 ] REVISES the decision rendered on April 25 th 2019; [ 15 ] ORDERS that the child be entrusted to a foster family, chosen by the institution operating a child and youth protection centre; [ 16 ] ORDERS that the child be gradually reintegrated under the care of the mother if the situation allows it; [ 17 ] ORDERS that the mother take an active

part in the application of the measures; [ 18 ] ORDERS that the mother report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 19 ] ORDERS that the child receive specific healthcare and health services required by his situation, namely that he continue to receive psychological services and medical services; [ 20 ] ORDERS that the mother remain sober in the presence of the child; [ 21 ] ORDERS that the mother remain without any violent behaviour in the presence of the child; [ 22 ] ORDERS that the mother seek help through social services concerning her personal issues; [ 23 ] ORDERS that the contacts between the child and the mother be determined by the Director of Youth Protection as to the modalities, the frequency and the degree of supervision; [ 24 ] RECOMMENDS that the contacts between the child and the mother be frequent and significantly longer; [ 25 ] RECOMMENDS that the Director of Youth Protection take advice from the professionals involved in the child’s situation prior to establishing the reintegration of the child with the mother; [ 26 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and the family; [ 27 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection for the execution of the measures; [ 28 ] THE WHOLE until July 31 st 2020. __________________________________ JEAN GRAVEL, J.Q.C.

Mtre Adele Cyr, Attorney for the applicant Mtre Laurence Migue, Attorney for the child Mtre Daniel Crespo, Attorney for the mother