2011 QCCQ 7398, 2011 QCCQ 7398

Protection de la jeunesse — 111854 2011 QCCQ 7398 COUR DU QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT […] « YOUTH DIVISION »

N° : 540-41-003363-115 DATE : May, 6 th , 2011 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOISE GARNEAU-FOURNIER J.C.Q. ______________________________________________________________________ In the situation of: X Born on […], 2001 ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Court is seized of a Motion for protection in conformity with the Youth Protection Act (R.S.Q., c.

P-34.1 ) filed by the Director of Youth protection asking to declare that the security and development of the child X are in danger because there is a serious risk of neglect by her mother to not providing her child's basic needs in the meaning of

Section 38 b) 2) of the Act, and because she is subjected to psychological ill-treatment in the meaning of

Section 38

c) of the Act. [ 2 ] All of the formalities required by law having been complied with, the Court proceed with the hearing pursuant to

section 77 of the Act. After considering the evidence adduced, the Court rendered an oral judgment without rising, of which these presents constituted the written version, with reasons, in accordance with the requirements of

section 90 of the Act. 540-41-003363-115 [ 3 ] At the beginning of the hearing, the Director's attorney asked to declare the security and development of the child compromised for the same reasons and that X be entrusted to a foster family for the next period of one (1) year, with aid, counselling and assistance to be provided to X and her mother for the same period of time, that X's mother takes an active

part in the application of any measures ordered by the Court and that contacts between X and her mother be determined by the Director of Youth protection regarding the rythm, frequency and modality and degree of supervision if required. [ 4 ] In support of the recommendations, the Director's attorney filed two (2) reports and Mrs [social worker 1], Director's delegate, testifies to explain in more details some of her conclusions. [ 5 ] The mother, Mrs. A, duly represented by an attorney, recognizes all the facts described in the petition and in the Court's reports.

She also agrees with all the measures proposed by the Director for the next period of one (1) year, understanding that those measures are in the best interest of her daughter.

[ 6 ] X's attorney agrees with all the measures proposed in the best interest of her client, even that X wishes to go back home. [ 7 ] The proof revealed that the Director of Youth protection receives a signalement concerning X on December 15 th , 2010, due to the fact that she was missing twenty-five (25) per cent of her school attendance since September 2010. It was reported at that time that her mother keeps her at home when she does not feel safe. On April 1 st , 2011, the mother presented herself at her daughter's school saying she was hearing voices and was asking for help to be brought to the hospital.

Mrs. A also asks that her daughter be placed in a foster family and the Director proceed to her placement in emergency. The mother was hospitalized in a psychiatric ward until April, 2 nd ,. She needs to take a medication for her anxiety which she refuses to take. On April 4 th , the mother met with the petitioner and recognized not being able to resume her daughter's care (i.e. to buy food or to pay the rent). The mother signed a provisional agreement extending the placement until April 8 th , 2011.

On April 8 th , 2011, the Director of Youth protection filed a petition asking provisional compulsory placement of X in a foster family for a maximum period of thirty (30) days. The Court ordered X's placement and the hearing on the Motion for protection was finally scheduled for May 6 th , 2011. 540-41-003363-115 [ 8 ] As mentioned in the report, when Mrs. [social worker 1] met with the mother, on April 1 st , she noticed that the mother's speech was inconsistent and was still hearing voices.

On April 4 th , she met with the mother at her place where she signed the provisional agreement extending the placement of X in a foster family. The mother also mentioned that she did not feel safe and felt bad vibration but when finally, a shelter was found for the mother, she changed her mind. [ 9 ] Since X was entrusted to a foster family on April the 8 th , Mrs. [social worker 1] organized supervised visits who were supposed to occured two (2) times a week, but the were only two (2) visits between April the 8 th and May 6 th .

Mrs [social worker 1] noticed at the first visit on April 12 th , that when the visit ends, the mother cried and X stayed calm and tried to reassure her mother. On April 14 th , the second supervised visit scheduled, the foster family reported to the delegate that the mother called ten times and also in the middle of the night because she was worried for her daughter. Furthermore, Mrs A also called the school principal asking her to say goodbye to X because she was dying of AIDS. The mother finally did not show up.

Eventually, the mother was brought to the hospital and be assessed at the Hospital A, refusing to give access to her medical file. An appointment was scheduled with the mother on April 21 th and April 28 th , but she cancels. Mrs [social worker 1] confirmed that she made a reference crisis centre A who could support the mother but until now, she refused to meet with them. Mrs. [social worker 1] finally met with the mother at her office on April 26 th , and Mrs.

A explained that her landlord asked to leave the apartment and she had to find a new one before May 1 st . [ 10 ] The report mentioned that Mrs A explained that she had a very difficult childhood and decided to leave district A because she had to runaway from a violent boyfriend. She has no family or friends in city A area and confirms that her daughter takes care of her, reminding her about her obligations and telling her to eat. Mrs. A's fragility has a important impact on X who missed many days of school since they arrived in city A.

Also, X feels relieved when she knows that her mother goes to the hospital but she never is nervous to learn that her mother came back home by herself. X wants to go back home because she misses her mother but also because she knows that someone has to take care of her. [ 11 ] All those elements convinced the Court to declare the security and the development of X to be in danger and that the measures proposed to correct the situation are required. As to X, she has to be remained in a child's role and be secure in a place where she will be support in her schooling and be present at school.

In her best interest, she must be placed in a foster family for the next period of one (1) year, with all the measures proposed by the Director. As to the contacts between X and her mother, the Court will order to be encouraged and be determined by consent between the delegate, the mother and X as to the frequency, modalities and supervision if required by the mother's medical conditions. 540-41-003363-115 [ 12 ] THEREFORE, AND FOR ALL THESE REASONS, THE COURT:

[ 13 ] DECLARES that the security and the development of the child X are in danger in conformity with

Section 38 b) 2) and

c) of the Act; [ 14 ] ORDERS that X remained entrusted to a foster family, chosen by the institution operating a child and youth protection of Centre A, for the next period of one (1) year; [ 15 ] ORDERS that a person working for an institution or body provide aid, counseling and assistance to the child and her mother for the same period of time; [ 16 ] ORDERS the mother to participle to all the measures proposed by the delegate to put an end to the situation of compromission; [ 17 ] ORDERS that the contacts between X and her mother be encouraged, in the best interest of the child, the frequency and modalities be determined by consent between X, the delegate and the mother and the contacts be supervised if mother's medical conditions required; [ 18 ] ENTRUSTS the situation of the child X to the Director of Youth Protection of City A, Centre B, who shall than see that the measures are carried out; [ 19 ] ORDERS enforcement of this order by any peace officer; if need be. __________________________________ FRANÇOISE GARNEAU-FOURNIER J.C.Q.

Me Marie-Joelle SOULIÈRES Procureur du Directeur Me Martine NOLIN Procureur de l'enfant Me Julie LÉGER Procureur de la mère