2018 QCCQ 20154, 2018 QCCQ 20154

Protection de la jeunesse — 1810002 2018 QCCQ 20154 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” N° : 525-41-033857-186 DATE : December 12, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2016 child and A B parents ______________________________________________________________________ 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.). [ 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 December 12, 2018. [ 2 ] The Director of Youth Protection (the Director) alleges that the child is subject to psychological ill-treatment. [ 3 ] Today, the Director recommends that the child remains entrusted to the father’s care and that diverse support measures be ordered for a period of 9 months. [ 4 ] The parents and the child’s lawyer are in agreement 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’s situation has been followed by the Director since June 30, 2017 under a Voluntary Measure Agreement. [ 7 ] The child’s half-sibling, Y, has also been followed under Voluntary Measures due to physical abuse and psychological ill- treatment by the mother and Mr. B. She has been placed in foster family. [ 8 ] Following an appointment at the Douglas Hospital for Y, the mother’s emotional state began to deteriorate. She showed signs of depression.

During the fall of 2017, she was prescribed Celexa and sleeping medication. [ 9 ] The parents admitted that the child was exposed to conjugal violence between them. [ 10 ] The mother’s mental health state is concerning. She punched a street sing in anger. For a certain period of time, she has not been taking her prescribed medication to treat her signs of depression and anxiety, due to financial reasons.

[ 11 ] The parents have collaborated with the services from the educator. [ 12 ] On April 23, 2018, the Tribunal entrusted the child to the parents’ care and ordered diverse support measures on a provisional basis. [ 13 ] On July 10, 2018, the parents asked for the hearing to be postponed as they wished to be represented by a lawyer. Consequently, the hearing was postponed to November 7, 2018. [ 14 ] On July 12, 2018, Ms. [social worker 1], educator, witnessed the mother being highly agitated and emotionally out of control as she did not have any cigarette.

The parents acknowledged that the child was witness to conflicts between them. The couple had decided to separate. [ 15 ] On July 17, 2018, the Tribunal entrusted the child to the father’s care on a provisional basis and ordered that contacts between the mother and the child be determined by the Director. [ 16 ] For a certain period of time, the mother lived on the street. Late July, she found a shelter. She is participating in a therapeutic process at the CLSC. [ 17 ] The child visited her mother on a weekly basis. The mother cancelled visits on two occasions.

During the visits of August, the mother needed to be reminded to remain calm and keep her focus on her daughter. The September visits were much better. [ 18 ] The child’s communication improved over the summer. It is recommended that she be assessed by a global developmental specialist at Sainte-Justine’s Hospital. [ 19 ] The child is on a waiting list to attend daycare. THEREFORE AND FOR THESE REASONS, THE COURT: [ 20 ] GRANTS the application; [ 21 ] DECLARES that the security or the development of the child is endangered (

section 38

c) of the Youth Protection Act ); [ 22 ] ORDERS that the child be entrusted to the care of her father; [ 23 ] ORDERS that the frequency and modalities of contacts between the child and her mother be determined by the Director of Youth Protection, including supervision; [ 24 ] ORDERS that the parents collaborate with the Director of Youth Protection and work with an educator for as long as deemed necessary, and that they both follow through with recommendations made; [ 25 ] ORDERS that the parents ensure that the child’s medical and developmental needs are met (including assessing further her language and developmental delay); [ 26 ] ORDERS that the child attend daycare and TAKES ACT that she is on a waiting list; [ 27 ] ORDERS that the parents ensure that the child is not subject to or exposed to any physical or verbal violence; [ 28 ] RECOMMENDS that the mother participate in individual counselling and follow the recommendations of her treating professionals; [ 29 ] RECOMMENDS that the mother participate in a psychiatric assessment and follow the recommendations made and TAKES JUDICIAL NOTICE of mother’s agreement to do so; [ 30 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 31 ] THE WHOLE until August 7, 2019; [ 32 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Written and signed on December 18, 2018 /cd Mtre Angela Nevard Counsel for the Director of Youth Protection Mtre Valérie Lafortune Counsel for the child Dates of hearing: November 7 and December 12, 2018