2012 QCCQ 19037, 2012 QCCQ 19037

Protection de la jeunesse — 128145 2012 QCCQ 19037 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth Division No: 640-41-001514-121 DATE: November 16, 2012 ______________________________________________________________________ BY THE HONOURABLE NANCY McKENNA, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , Youth Protection worker duly authorized by the Director of Youth Protection of A working in City A Applicant -and- X , residing and domiciled in City A , Quebec, district A Child -and- A , residing and domiciled in City A , Quebec, district A Mother -and- B , residing and domiciled in City A , Quebec, district A Father ______________________________________________________________________ JUDGMENT (Sections 38 & 75 of the Youth Protection Act) ______________________________________________________________________ [ 1 ] The Director of Youth Protection makes an application to have the security and development of X, born on […], 2012, declared endangered due parental neglect. [ 2 ] The mother and the father are present and represented by their respective lawyer.

The child is absent due to his young age but is represented by counsel. THE FACTS [ 3 ] The parents do not contest that the security and the development of the child are endangered but disagree with the Director's recommendation to entrust the child to a foster family for a period of six months. [ 4 ] The mother gave birth to the child on […], 2012, after being hospitalized in City D because of premature labour. The mother admitted that the father assaulted her during the 38 th week of pregnancy.

A few days after the child's birth, the mother was found highly intoxicated and unconscious with the baby beside her, crying and without adequate supervision. The Director of Youth Protection then took immediate protective measures. The next morning, the mother admitted that the previous night when she was found unconscious she had been running away from the father after he assaulted her. She was very upset when she learned the Director's intention to request the provisional foster care of the child. The Youth Protection worker had to resort to police protection.

A few hours after the child's placement the mother called the applicant in order to inquire about his wellbeing. [ 5 ] The Youth Protection workers made many attempts to meet with the father in order to discuss the child's situation, but to no avail. The father informed the applicant in no uncertain terms that he didn't feel concerned about the child's welfare and that he didn't wish to be involved in his life. [ 6 ] As for the child, traces of marijuana were found in his blood at birth and he failed hearing tests.

Further tests will have to be completed in the next months in order to determine if the child has a hearing defect. On October 10, 2012, he was brought to the hospital because of breathing problems. He was then suffering from pneumonia and was hospitalized for approximately three weeks in order to treat his lung infection. The baby's breathing remains problematic during feeding which commands particular attention in order to avoid the occurrence of severe respiratory difficulties. [ 7 ] On the day of the baby's hospitalization, C. ordered the provisional foster care of the child.

Considering there was no available

foster home in the City B, Youth Protection services made an attempt to place the child with other of his half siblings fostered in City C. This attempt failed. Finally, a foster family was found in another Cree community. [ 8 ] During her son's stay in the hospital, the mother admits that she visited him on only two occasions. The mother has been struggling with an alcohol problem for years. The problem lies in the fact that she doesn't admit it and doesn't see the use to go for treatment. As a result, all six of her other children have been entrusted to family members or to foster families until majority.

In fact, the evidence shows that the mother has been drunk on a regular basis since the child's birth. She suggests to the Court to entrust the child to her mother, who is presently undergoing a knee surgery in City D. According to the applicant, this would not be a viable solution considering she is already caring for three of the mother's children. Moreover, two other of the mother's children had to be placed in a foster family as the grandmother was overwhelmed by the responsibilities.

As for the father, he doesn't seem to want to be part of the solution. [ 9 ] In light of the above, the lawyer for the Director of Youth Protection as well as the lawyer for the child, suggest that a life plan be carried out as of now. Both lawyers for the parents disagree. [ 10 ] It is quite clear that the mother has unresolved issues of negligence due to her alcohol problem that she doesn't want to admit, even less address it. The challenges that lay ahead are tremendous. Considering the family history and the child's special needs, the mother has little time to turn her life around.

By that, the Court means that the mother needs to acknowledge her alcohol problem, seek and undergo a serious treatment program as well as collaborate with the D.Y.P. in order to develop adequate parental skills. If not, the Court will not hesitate to contemplate an order aimed at providing the child with the long-term stability and continuity of care he needs.

However, as of now the Court believes that such an order is legally premature. [ 11 ] FOR THESE MOTIVES, THE COURT: [ 12 ] GRANTS the petition; [ 13 ] DECLARES the security and development of X , born on […], 2012, in danger pursuant to paragraphs 38 (b) (iii) and 38 (b)

(2) Y.P.A.; [ 14 ] ORDERS that the child be entrusted to a foster family for a period of six months; [ 15 ] ORDERS that the contacts between the parents and the child be supervised by the Director of Youth Protection in terms of frequency and modalities; [ 16 ] ORDERS that both parents be sober when in the presence of the child; [ 17 ] ORDERS that both parents report in person, at regular intervals, to the Director of Youth Protection to inform him about their current situation; [ 18 ] ORDERS that a person working for a institution or body provide aid, counsel and assistance to the child and the parents for a period of six months; [ 19 ] WITHDRAWS from the parents the exercise of certain attributes of parental authority regarding emergency health services only if they cannot be reached in a timely manner; [ 20 ] GRANTS the exercise of the said attribute to the Director of Youth Protection; [ 21 ] ORDERS the police to collaborate in the execution of the present judgment; [ 22 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing the measure ordered by the Court. __________________________________ NANCY McKENNA, J.C.Q.

M e Marianne Gagnon-Bourget Cain Lamarre Casgrain Wells Lawyer for the D.Y.P. M e Cassandra Neptune Legal Aid A Lawyer for the child M e Angèle Tommasel Lawyer for the mother M e Michel Solomon Lawyer for the father Date of hearing: October 30, 2012