2018 QCCQ 19571, 2018 QCCQ 19571

Protection de la jeunesse — 1810826 2018 QCCQ 19571 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002206-180 DATE: November 2, 2018 (written judgment rendered on February 12, 2019) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2017 [SOCIAL WORKER 1] & [SOCIAL WORKER 2], Youth Protection workers, duly authorized by the Director of Youth Protection A, working in [...] Applicants and A , residing and domiciled at [...] Mother and B , residing and domiciled at [...] ______________________________________________________________________ JUDGMENT (Section 38 of the Youth Protection Act ) ______________________________________________________________________ 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 (DYP) asks the Court to declare that the security and development of the child X, born on [...], 2017, are in danger under

section 38 (b) (2) [1] of the Youth Protection Act . As measures, the DYP recommends the Court to entrust X to his actual foster family until he reaches his majority. Position of the parties [ 2 ] The mother is present and represented by Me Tommasel. She admits that the security and development of the child are in danger and she agrees with the measures. [ 3 ] The father is present and represented by Me Léonard. He has the same position as the mother. [ 4 ] The child is absent but represented by Me Neptune, who submits to the Court that the measures suggested are in his best interest.

Facts [ 5 ] X is the third child of the parents. The two other children are entrusted to foster families. The undersigned was seized with the situation of the oldest one, Y, and entrusted her to her foster family until she reaches her majority. [ 6 ] As the two oldest children were placed, a baby alert was done for X. One month after his birth, the DYP receive a report as the father was alone and intoxicated with the child. The mother had left as he was assaulting her.

For many years the parents struggles with alcohol consumption issues and conjugal violence. [ 7 ] The DYP took immediate protective measures and asked the parents if someone in the extended family could foster X, but the parents were not able to suggest any name. Steps were done to find a foster family in the North, but without success. On November 1, 2017, Ms. C, from [region A], came in Town A to foster the child. [ 8 ] Upon his arrival, the baby was seen by a pediatrician. His weight was very low because of a lack of milk.

After few weeks, following the medical recommendations, his weight became normal. [ 9 ] Since the placement, the parents never asked for access. The DYP offered them to receive some pictures and to participate to video calls. They accepted the pictures and were always very glad to receive news from their son, but they refused the video calls. The parents are aware of their limited parental capacities and never contested the position taken by the DYP. [ 10 ] In [region A], the follow-up is done by Ms. [social worker 3] who provide a report for the Court. She explains that X receives a

follow-up with a pediatrician since his arrival. He was also seen by an ophthalmologist, neuro-pediatrician and an audiologist. Except for the chronic otitis for which he received surgery, everything is normal. The medical staff is aware that the mother consumed during the pregnancy and a FASD is possible, but for now no symptoms are observed. [ 11 ] Ms. [social worker 1] also noted that X created very strong bonds with his foster family and with the other Inuit child entrusted to them until he reaches his majority. [ 12 ] Ms. C testify by phone.

She confirms being totally available to take care of X until he reaches his majority and after also. Her husband also agrees. She says that X is doing very well at their place. He is going to daycare, and he is also doing very well. [ 13 ] Ms. C and Mr. D foster another Inuit child and they are very concerned by the importance to maintain contacts between the children and their culture. They have friends who also foster an Inuit child and they contacted the foster family of Y to organize contacts between X and his sister. [ 14 ] Doing so, Ms.

C totally agrees to facilitate the contact with the parents, to send them pictures, to give them news and to organize phone and video calls. Also she agrees to come up to the North twice a year. Analysis [ 15 ] The parents admit not being able to raise their son and that he is well taken care by his foster family. They wish to see him as much as possible and to be maintained informed. [ 16 ] It’s obvious that X is well integrated in the foster family. The foster parents are very involved and concerned by his development. They want to keep him in contact with his culture by contact with other Inuit children.

It’s in his best interest to be stabilized in a warm and loving environment. Also the Court has no hesitation to grant the placement until majority with Ms. C and Mr. D. [ 17 ] The health and the development of X will have to be closely monitored. Despite the long-term placement, the DYP has to be very present to make sure that all the concerns are addressed in a timely manner. [ 18 ] The Court encourages the parents to keep contact with their son by frequent communication by phone or video call or by any other way.

FOR THOSE REASONS, THE COURT: [ 19 ] GRANTS the motion; [ 20 ] DECLARES that the security and development of the child X, born on [...], 2017, are in danger under

section 38 (b) (2) of the Youth Protection Act ; [ 21 ] ENTRUSTS X to the foster family of C and D until he reaches his majority; [ 22 ] ORDER that the potential FASD be evaluated as soon as it would be possible to be done according to the medical opinion and all recommendations be followed; [ 23 ] ORDERS that the parents take an active

part in the application of any of the measures ordered by the Court; [ 24 ] ORDERS that the parents remain sober in the presence of the child; [ 25 ] ORDERS that the contacts between the child and the parents be determined by the Director of Youth Protection as for the modalities, the frequency and the degree of supervision; [ 26 ] AUTHORIZES access between the child and the parents by phone, video calls or any other way; [ 27 ] TAKES AKNOLEDGE that the foster family is welling to maintain contact with the parents and with the Inuit culture; [ 28 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the child, the parents and the foster family; [ 29 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 30 ] ORDERS the police to collaborate to the execution of the enactment; [ 31 ] THE WHOLE until [...], 2035. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Sarah Bourgeois-Lessard, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Me Angèle Tommasel, attorney for the mother Me Marianne Léonard, attorney for the father Date of hearing: November 2, 2018