2017 QCCQ 8507, 2017 QCCQ 8507

Protection de la jeunesse — 173403 2017 QCCQ 8507 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No. 640-41-002035-167 DATE: July 27, 2017 (February 23, 2017) ______________________________________________________________________ PRESENT: THE HONOURABLE RENÉE LEMOINE J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2016 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A, District A Applicant and A , residing and domiciled in City A District A Mother ______________________________________________________________________ RECTIFIED JUDGMENT ( sections 38 and 75 of the Youth Protection Act , R.S.Q. 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.). [ 1 ] The Director of Youth Protection (D.Y.P.) submitted a motion for protection for the child X, born on [...], 2016. [ 2 ] The mother was present and represented by a lawyer at the hearing. She admitted part the allegations of the motion.

She acknowledged that it would be difficult for her to take care of the child. She had received a diagnosis of liver cancer and she would have to be under treatment in Montreal for the next months. She also acknowledged having a drinking problem but stated she had decreased her alcohol consumption. [ 3 ] Regarding the recommendation of placement for a period of nine months, she accepted the situation but did not want her child to be fostered by any family other than an Inuit family during the placement. [ 4 ] The evidence showed that the child has serious health issues.

She was born premature and suffers from microcephaly and breathing difficulties. [ 5 ] During the pregnancy, the mother did not receive any medical follow up. She did not know she was pregnant. She did not stop consuming alcohol and the doctors do not know if the child’s health issues are related to foetal alcohol syndrome. [ 6 ] The mother had a blood test at the hospital and it came back positive for marijuana. [ 7 ] Ms. A stayed at the hospital with her baby after the birth. She had a meeting with the MNQ because she was intoxicated and not present for her baby.

She was informed she would be sent back to the North the next time she was under the influence of alcohol. The mother was sent back to City A on June 10, 2016. The baby was not ready to be discharged from the hospital. [ 8 ] The mother has an unstable residential situation. During the month of July, she was hard to locate, and the applicant checked with her sister and her mother. They were not able to confirm where she was but they stated she had no stable address. [ 9 ] On July 21, 2016, the mother went to Montreal to accompany her newborn.

She was intoxicated at the MNQ on July 23, 2016. [ 10 ] The applicant tried to reach family members interested in taking care of the child, but without success. The grandmother, B, and an aunt, C, declined this possibility. [ 11 ] After many attempts to try to find family members or a foster family in the North for the child, the decision was taken to entrust the child to a foster family in the South. The health issues, and the need for medical follow up and stability were the main considerations.

[ 12 ] On August 18, the mother refused to sign the primary health care consent to allow the foster family to consent to health care for X. [ 13 ] The mother is a single mother of eight children, including X. Those seven children have been placed under the Youth Protection Act until the age of majority. She has a long history of alcohol abuse and has never take the proper steps to resolve this issue. [ 14 ] She has also been diagnosed with liver cancer.

Even with that serious medical condition, she has not stopped drinking alcohol. [ 15 ] The child is highly vulnerable and needs responsible adults to meet her basic needs. Despite the great effort made to find a family on City B’s two coasts, there has been no success. Protecting the child requires an environment where good care will be taken of the child and she will be provided with affection and stimulation in order to ensure her development. [ 16 ] The Court declares that the security and development of the child are in danger under

section 38 (b) (2) of the Youth Protection Act because of the risk of neglect. [ 17 ] The next months will determine whether it will be possible to reintegrate the child with her mother. If not, it will be necessary to prepare a life plan for her in order to ensure the stability and continuity of her living conditions.

FOR ALL THESE REASONS, THE COURT: [ 18 ] ALLOWS the motion; [ 19 ] DECLARES that the security or development of X, born on [...], 2016, is in danger; [ 20 ] ORDERS that the child be entrusted to a foster family chosen by the institution operating a child and youth protection center for a period of nine months with possible reintegration with the mother if the situation allows it; [ 21 ] ORDERS that the child’s mother take an active

part in the application of all of the measures ordered by the Court; [ 22 ] ORDERS the child’s mother to report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 23 ] ORDERS that the contact between the child and the mother be supervised by the Director of Youth Protection with respect to the terms, frequency and degree of supervision; [ 24 ] RECOMMENDS that contact between the child and the mother be encouraged when the mother is in treatment in Montreal; [ 25 ] AUTHORIZES the Director of Youth Protection to sign the consent for health care services for the child if the mother refuses or if she is not reachable; [ 26 ] ORDERS that the child receive specific health care and health services required by her situation; [ 27 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family; [ 28 ] ORDERS the police to collaborate in the execution of the judgment; [ 29 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the purpose of executing the order; [ 30 ] THE WHOLE , until August 29 , 2017. __________________________________ RENÉE LEMOINE J.C.Q.

Mtre. Kimon Kling Attorney for the child Mtre. Aubree Coutanson Attorney for the applicant Mtre. Angèle Tommasel Attorney for the mother Date of hearing: November 29, 2016