2013 QCCQ 10169, 2013 QCCQ 10169

Protection de la jeunesse — 132954 2013 QCCQ 10169 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC District of [...] Youth Court Division N°: 525-41-027060-136 Date: May 30, 2013 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 2012 [SOCIAL WORKER] , duly authorized by the Director of Youth Protection of A Youth and Family Centres Applicant -and- A , the mother -and- B , the father The parents -and- LA COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE Mise-en-cause JUDGMENT

Section 38 of the Youth Protection Act (L.R.Q., C.P-34.1) JD2620 WARNING: Within the framework of the Youth Protection Act , no person may publish or broadcast information allowing 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. [ Y.P.A. sections 11.2.1 and 135 ] [ 1 ] The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of May 30, 2013, in accordance with the provisions of

section 90 of the Youth Protection Act . [ 2 ] The Director of Youth Protection of A Youth and Family Centres filed a motion to declare that the security and development of a child is in danger in the case of X , a one year-old child, based on her parents' failure to provide appropriate supervision or support, as well as the serious risk of neglect to which she is exposed. [ 3 ] The facts alleged in support of the motion dated April 2, 2013 are as follows: 3.1. the mother has a mild intellectual disability but is not receiving specialized services at the present time; 3.2. on January 29, 2013, the child fell off her bouncing chair as she was not securely fastened; 3.3. at the time, the parents were in the home but the child was left alone in the room while the mother was in another room; 3.4. the child sustained a shoulder fracture; 3.5. earlier in January 2013, the mother deliberately fell down the stairs (only three (3) steps), while the child was in her arms in order to terminate her current pregnancy;

3.6. the mother stated she did not want to have another child and that she was having a lot of family stress; 3.7. the mother has a conflictual relationship with the paternal extended family; 3.8. the parents are experiencing a lot of conflict between them; 3.9. the mother expresses the father has anger management issues, stating that when he is mad, he yells at her; 3.10. as relevant information, the father works outside the home and the mother is a stay at home mother; 3.11. the mother feels the father is not supporting her; 3.12. on February 28, 2013, the parents signed a provisional agreement (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the child remain entrusted to the parents with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] Both parents, who chose to proceed without the assistance of legal counsel, admitted most of the facts alleged in support of the motion and consented to all the proposed measures. [ 6 ] Me Fafard, on behalf of the child, made no admissions but also approved of the measures proposed by the Director of Youth Protection. [ 7 ] The Director filed Exhibits D-1 to D-6 as evidence: D-1: Copy of the child's birth certificate; D-2: Court Report, prepared by [Social Worker 1], dated May 6, 2013; D-3: Mother's Parental Capacity Assessment, prepared by Dr.

Niki Saros, dated March 21, 2013 (filed under

article 294.1 C.p.c.); D-4: Copy of Child's medical file from A Hospital; D-5: Nursing Global Health Assessment and Developmental Screeing From, prepared by X , dated February 26, 2013 (filed under

article 294.1 C.p.c.); D-6: Addendum to Court Report, prepared by [Social Worker 1], dated May 23, 2013. [ 8 ] In

summary, the evidence establishes the facts alleged in support of the motion. [ 9 ] Moreover, although the parents maintain that the mother is perfectly capable of caring for her child without any supervision and has many years of experience working in child care, both parents acknowledge that the Director of Youth Protection's presence is warranted and both undertake to collaborate fully to redress the situation. [ 10 ] The Court deems it important to reiterate the guarded prognosis and recommendations in the Mother's parental capacity assessment and strongly encourages the parents to follow the recommendations: Is sum, the risk factors are high and the prognosis for learning and integrating knowledge sufficiently is guarded.

In effort to reduce risk and improve family functioning, the following is recommended: • Intensive family intervention program (e.g. A Program) • Individual counseling to provide Ms. A with a trusting and safe context to communicate her concerns • Couple counseling with a focus on conflict resolution and boundaries • […] and encourage Ms. A to be present during homecare worker visits to help her to acquire childcare skills related to stimulation, supervision, and safety • Intervention geared towards Ms.

A' level of comprehension and offered with experiential/hands-on learning and role playing • Teach concrete strategies for conflict resolution, developing assertiveness, setting limits, problem solving, time management and coping skills based on a long-term plan • Build a wider support system beyond immediate and extended family • Respite arrangements • Review of Ms. A' strengths and weaknesses with her family to assist them to understand the impact of her cognitive limitations and depleted emotional resources on her functioning in daily life • Establish more collaborative parenting practices and engage Mr.

B in the interventions (e.g. roles and responsibilities) • Day care enrollment for X to ensure safety and stimulation, as well as to provide Ms. A with time to manage household responsibilities in anticipation of managing the caregiving needs of an infant and toddler

• A parental capacity assessment of Mr. B to gain a better understanding of his strengths and weaknesses and to assist with intervention planning • Re-evaluate Ms. A' adaptive behavior when it is possible to obtain ratings from a professional who has sufficient knowledge of her daily living skills • Ms.

A' level of supervision with X should continue to be determined at the discretion of the Department of Youth Protection [1] [ 11 ] Under the circumstances, given the admissions and consent expressed by each of the parties, the Court is satisfied that the motion is well-founded and that the measures are in the child's interest. [ 12 ] THEREFORE, THE COURT: [ 13 ] GRANTS the motion; [ 14 ] DECLARES that the security and the development of the child, X , are compromised under

section 38 b) 1) iii) and 38 b) 2) of the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 15 ] ORDERS that the child be entrusted to the care of her parents; [ 16 ] ORDERS that the mother follow the recommendations in the Parental Capacity Assessment of March 21, 2013; [ 17 ] TAKES JUDICIAL NOTICE of the mother's undertaking to do so; [ 18 ] TAKES JUDICIAL NOTICE that the family has been assessed and accepted into the A Program and ORDERS that they fully participate; [ 19 ] ORDERS that the father undergo a Parental Capacity Assessment; [ 20 ] TAKES JUDICIAL NOTICE of the father's consent to do so; [ 21 ] RECOMMENDS that the mother receive individual counselling; [ 22 ] RECOMMENDS that the father partake in anger management training and/or counselling; [ 23 ] RECOMMENDS that the parents receive counselling with a focus on conflict resolution and boundaries; [ 24 ] ORDERS that a person working for A Youth and Family Centres provide aid, counsel and assistance to the child and her family; [ 25 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection of A Youth and Family Centres, who shall then see that the measures are carried out; [ 26 ] THE WHOLE for a period of one year.

TAYA DI PIETRO, Q.C.J. Me Camille Champeval / AC7059 Attorney for the Director of Youth Protection Me Alec Fafard / AF7221 Attorney for the child TD/vl