2019 QCCQ 19751, 2019 QCCQ 19751

Protection de la jeunesse — 198146 2019 QCCQ 19751 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] “Youth Division” No: 635-41- 000928-181 DATE: September 25, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2018 child and A mother ______________________________________________________________________ JUDGMENT

Section 95 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.). [ 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 September 25, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend the order rendered by the Honourable Peggy Warolin on January 15, 2019. [ 3 ] Today, the Director recommends that support measures be ordered until May 8, 2020. [ 4 ] The mother and the child’s attorneys agree with the Director’s plan.

Question in litigation [ 5 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 6 ] The child has remained entrusted to the mother’s care. The child is reportedly doing well. [ 7 ] The child is a happy baby. She is developing adequately. The mother ensured that she attended all of her medical appointments. She started attending daycare on July 2, 2019. [ 8 ] On July 30, 2019, the Director was informed that the child had an unexplained left arm humerus fracture. In August 2019, the child also appeared to suffer from a fracture to her right femus.

The child was transported to the Montreal Children Hospital and following testing on August 27, 2019, the Youth Protection worker was informed that the child was diagnosed with Osteogenesis Imperfecta (Brittle Bone Disease) that would explain the recent fractures. At this point, due to this medical condition, the child cannot attend daycare anymore. [ 9 ] The mother’s relationship with Mr. B remained unstable. At the time of the report’s writing, they still needed to clarify the status of their relationship. The mother reports not being in a relationship with him anymore.

[ 10 ] The police had to intervene regarding numerous events of conjugal violence and alcohol consumption involving the mother and Mr. B. [ 11 ] On February 24, 2019, the police had to intervene as Mr. B was uttering death threats to the mother through social media. [ 12 ] On May 25, 2019, the mother called the police as Mr. B had broken her television. [ 13 ] On June 6, 2019, the mother called the police as Mr. B had taken her I Phone without her permission. [ 14 ] On June 10, 2019, the police had to intervene as Mr. B punched the mother in the face and took her I Phone.

This incident happened while the Youth Protection worker was present in the family home, meeting with the mother and Mr. B. [ 15 ] The family’s situation remains fragile. [ 16 ] The mother made progress. When she wants to drink, she usually ensures that the child is well taken care of by the maternal grandmother, Mrs. C. She also reported situations to the police when Mr.

B was behaving aggressively. [ 17 ] On August 2, 2019, the Tribunal postponed the hearing as the mother was in Montreal for medical reasons. [ 18 ] The mother recognized that at this point, the Director’s involvement remains necessary in order to help the family. THEREFORE AND FOR THESE REASONS, THE COURT: [ 19 ] GRANTS the application for extension; [ 20 ] DECLARES that the security or the development of the child is still endangered; [ 21 ] ORDERS that the child remain with the mother; [ 22 ] ORDERS that the mother take an active

part in the application of any of the measures ordered; [ 23 ] ORDERS that the mother report in person, at regular intervals, to the Director of Youth Protection to inform him of her current situation; [ 24 ] ORDERS that the mother ensures that the child not come into contact with Mr.

B; [ 25 ] ORDERS that the mother remain sober in the presence of the child; [ 26 ] ORDERS that the mother refrain from engaging in any form of violence or aggression in the presence of the child; [ 27 ] RECOMMENDS that the mother seek help through the Social Services or another resource deemed appropriate for her substances issues; [ 28 ] RECOMMENDS that the mother seek help through Social Services for her relationship issues and emotional dependency; [ 29 ] AUTHORIZES the Director of Youth Protection to access the information regarding the mother’s presence at appointments with professionals and her level of involvement in the services provided; [ 30 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the mother; [ 31 ] THE WHOLE until May 8, 2020; [ 32 ] ENTRUSTS the situation of X to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on October 31, 2019 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Caroline Jennis and Mrs. Laurence Migué Counsel for the child Mtre Angèle Tommasel Counsel for the mother Date of hearing: September 25, 2019