2019 QCCQ 14217, 2019 QCCQ 14217

Protection de la jeunesse — 194411 2019 QCCQ 14217 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” N° : 525-41-034910-190 DATE : June 4, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2019 child 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.). [ 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 June 4, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that there is a serious risk that the mother does not meet the child’s basic physical needs.

The Director also alleges that the child is abandoned. [ 3 ] On March 13, 2019, the Director recommends that the child remain placed in a foster family for a period of 10 months and that support measures be ordered for a period of one year. [ 4 ] The mother is absent. [ 5 ] The child’s attorney is in agreement with the Director’s plan. [ 6 ] As the Director cannot exhibit the original of the child’s birth certificate, the hearing is continued, pro forma , on April 3, May 9 and June 4, 2019. Question in litigation [ 7 ] Are the proposed measures in the child’s best interest and are they respecting her rights?

Context and Analysis [ 8 ] The mother has been diagnosed with paranoid schizophrenia. Medical proof is to the effect that her condition would severely impact on her ability to care for a child. She has been kept under surveillance at the hospital under a Court order. [ 9 ] The mother has two other children that are not under her care. They reside with the maternal grandmother. [ 10 ] The mother learned of her pregnancy four weeks before the child’s birth. [ 11 ] The mother expressed to the youth protection worker that she does not wish to care for the child; that she wants her to be

adopted. She has refused to see the child. During her interview, she referred to the child as “ it ” and “ thing ”. She expressed that she did not want to be declared as the mother. She refused to identify the child’s potential biological father. [ 12 ] At this point, because of her mental health situation, the mother is not in a position to make informed decision regarding the child’s future and to consent to her adoption. [ 13 ] On January 17, 2019, the Tribunal ordered the child’s provisional compulsory foster care in a foster family.

The Tribunal withdrew the exercise of certain attributes of parental authority from the mother and granted this exercise to the Director. The Tribunal authorized the Director to register the child’s birth. [ 14 ] On the same date, the mother left the hospital and has not been in contact with the Director since. Her current location remains unknown. [ 15 ] On January 18, 2019, the child was placed in a temporary foster family. She is thriving in this milieu. She is healthy and gaining weight.

The Director plans to transfer the child to a mix-bank foster family. [ 16 ] On January 30, 2019, the maternal grandmother informed the Director that she was not interested in caring for the newborn as she was already caring for the mother’s two other children. [ 17 ] The mother has not been assuming care for the child and this responsibility has not been assumed by another person.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the application for protection; [ 19 ] ORDERS the placement of the child in a foster family; [ 20 ] ORDERS that the frequency and modalities of contacts between the child and her mother be determined by the Director of Youth Protection; [ 21 ] ORDERS that the mother report in person at regular intervals to the Director of Youth Protection to inform of her current situation; [ 22 ] WITHDRAWS from the mother the exercise of parental authority regarding the child’s medical needs, passport request and travel and GRANTS this exercise to the Director of Youth Protection; [ 23 ] RECOMMENDS that the mother receive psychiatric services to address her mental health issues; [ 24 ] RECOMMENDS that the mother receive counselling to support her in making an informed decision about the future of her child and her potential adoption; [ 25 ] RECOMMENDS that the Director take steps to proceed with the declaration of eligibility to adoption for the child; [ 26 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 27 ] THE WHOLE until January 17, 2020; [ 28 ] 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 June 6, 2019 /cd Mtre Myriam DeBlois Counsel for the Director of Youth Protection Mtre Sylvie Piriou Counsel for the child Dates of hearing: March 13, April 3, May 9 and June 4, 2019