2019 QCCQ 15159, 2019 QCCQ 15159

Protection de la jeunesse — 1911749 2019 QCCQ 15159 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] “Youth Division” N° : 640-41-002367-198 DATE : October 8, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2011 and A mother ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). Introduction [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on October 8, 2019. [ 2 ] The Court is seized of an application presented by the Director of youth protection (DYP), requesting that the security and development of the adolescent be declared in danger for neglect in terms of supervision (

section 38 b) 1 iii, of the Youth Protection Act ), as expressed in the motion. [ 3 ] Consequently the DYP asks the Court to order that the child be placed in a foster family, as well as other measures to improve the situation. Question in litigation [ 4 ] Are the security and development of the child compromised? In the affirmative, do the recommended measures answer his needs and are they in his best interest? Context and Analysis [ 5 ] The proof reveals that mother was detained between April 2014 and October 2018, and is now detained.

She have a history of alcohol consumption and violent relationship. [ 6 ] The child have many health issues. After being placed in a foster family for 4 years, a reintegration with mother was tried in October 2018. Since then the child has regressed as he needs constant assistance and mother was not able to fulfill all his needs. [ 7 ] X has spastic dyskinetic cerebral palsy, axial hypotonia, strabismus, a global developmental delay, and dystonia. [ 8 ] A specialized foster family assessed by CRDI-TED is willing to take care of him until his age of majority.

[ 9 ] In the past, mother was struggling with alcohol problems and personal difficulties. [ 10 ] After taking into consideration the documentary evidence, the testimonies and the position of the parties, the Court finds that the evidence is sufficient to declare that security and development of the child are in danger and that the measures suggested meet his needs and deemed to be in his best interest. THEREFORE AND FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the application ; [ 12 ] DECLARES that the security and development of the child are compromised according to

section 38b) iii of the Youth Protection Act ; [ 13 ] ORDERS that the child be entrusted to a foster family, chosen by the institution operating a child and youth protection center ; [ 14 ] ORDERS that the child attends school or another place of learning adapted to his needs and capacities ; [ 15 ] ORDERS that a life project be determined for this child ; [ 16 ] ORDERS that contacts between the child and his family and extended family be determined by the DYP in terms of modalities and frequency, and that they occurred at least 4 times a year ; [ 17 ] ORDERS that X receives health services required by his situation notably the services of a specialized educator and physiotherapy ; [ 18 ] ORDERS mother to take an active

part in the application of the measures and reports at regular intervals, to the DYP to inform her about the current situation ; [ 19 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his mother ; [ 20 ] ENTRUSTS the situation of the child, to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out ; THE WHOLE until April 30 th , 2020. ___________________________________ Dominique Wilhelmy, J.C.Q. Signed on Mtre Karianne Asselin Counsel for the Director of Youth Protection Mtre Angèle Tomassel Counsel for the mother Mtre Laurence Migué Counsel for the child