2021 QCCQ 11312, 2021 QCCQ 11312

Protection de la jeunesse — 214684 2021 QCCQ 11312 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002533-203 DATE: February 23, 2021 (written judgment rendered on April 1, 2021) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2019 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A, residing and domiciled at [...] Mother and B , residing and domiciled at [...] Father ______________________________________________________________________ JUDGMENT (Section 38 of the Youth Protection Act ) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for 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 (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to declare that the security and development of the child X, born on [...], 2019, are endangered under paragraphs (b) (1) iii and (e) (2) of

section 38 [1] of the Youth Protection Act . [ 2 ] The DYP asks that the child be entrusted to a foster family until July 31, 2021. Position of the parties [ 3 ] The mother is present and represented by Me Angèle Tommasel. She recognizes that the security and development of her child are endangered and she agrees with the measures. [ 4 ] The father is present and represented by Me Cassandra Neptune. He recognizes that the security and development of his child are endangered and he agrees with the measures. [ 5 ] The child is absent, but represented by Me Geneviève Lucas. On her client’s behalf, Me Lucas submits that the situation of the child should be declared endangered under

section 38 (b) (1) iii and 38 (e) (2). She also submits that the recommended measures are in his best interest. Facts [ 6 ] The parents have 5 biological children, and they adopted X at his birth. The parents are known to have alcohol consumption and conjugal violence issues. Before X’s birth, the father while intoxicated, confined the children with him in the house and assaulted one of them. [ 7 ] The children were met, confirmed the facts and mentioned that it was not the first time the father was violent towards them. [ 8 ] X born prematurely on [...], 2019.

He had very serious health issues at birth and was hospitalized in Montreal Children's Hospital for 4 months before being hospitalized in Town A. Some of his health issues improved, but he remains with cardiac malformation, dysphagia and breathing difficulties. He was fed by a gastric tube which, at one point, became infected and required a new surgery. [ 9 ] Today, he still has important medical issues and a development delay which will require that he be followed by a multidisciplinary team (occupational therapist, speech therapist and physiotherapist).

He is also regularly followed in pediatric, pneumology and cardiology. [ 10 ] On December 24, 2019, the mother called the DYP office saying that she was not a good mother and requested that the DYP

worker pick up the child. When the worker arrived, the mother was very ambivalent and she was scared to make an impulsive decision. The father tried to convince her to give up on the child. She became mad after him and she pushed him. Finally, the mother prepare the bag for the child and let him leave.

The child was entrusted to the specialized foster home in Town A. [ 11 ] During a certain period of time, it was difficult to have the collaboration of the parents for the organization of the contacts, but the mother remained involved in the child’s situation, always saying that she wanted him back under her care. [ 12 ] Since a few weeks now, the parents are more collaborative and come at the DYP office every week to have contacts by videoconference with their son. [ 13 ] Considering his health issues, the child remained under the care of Ms.

C who is responsible for the specialized foster family in Town A, but the child lives with her and her husband in Quebec City to be closer to his medical team. When Ms. C come in Town A for her work, X remains with her husband. [ 14 ] A contact in person is planned between the child and his parents in March 2021. Analysis [ 15 ] The parents recognized the facts that justify that the situation of the child is declared endangered. Indeed, due to their personal issues (alcohol consumption and conjugal violence) the child is at risk to be a victim of physical abuse and he was also neglected in terms of supervision.

The parents recognized that they gave up on the child in December 2019. [ 16 ] That was not the decision of the mother, but it shows at what point the mother was overwhelmed with the situation. [ 17 ] Despite that event, it is obvious that the parents love their child and, for a few months now, they demonstrate their willingness to have him back under their care.

The child’s health issues require that for now he remain in a town where the appropriate medical services are provided, but everyone hopes that his situation will improve enough to be able to be entrusted back under his parents' care. [ 18 ] During this placement and considering the parents’ involvement, it will be very important to maintain very frequent contacts in person and by any technological ways to strength the attachment between the child and the parents.

FOR THOSE REASONS, THE COURT: [ 19 ] GRANTS the application; [ 20 ] DECLARES that the security and development of the child X, born on [...], 2019, are endangered under paragraphs (b) (1) iii and (e) (2) of

section 38 of the Youth Protection Act ; [ 21 ] ORDERS that the child be entrusted to a foster family, chosen by the institution operating a child and youth protection centre; [ 22 ] ORDERS that the parents periodically report to the Director of Youth Protection on the measures they apply in their own regard or in their child’s regard to put an end to the situation in which the security and development of the child are endangered; [ 23 ] ORDERS that the child receive specific health care and services such as a medical follow-up; [ 24 ] ORDERS that the modalities, the frequency and the degree of supervision of the contacts between the child and the parents are determined by the Director of Youth Protection; [ 25 ] ENCOURAGES frequent contacts in person and by any technological ways between the parents and the child; [ 26 ] ORDER that a person working for an institution or body, provide aid, counselling and assistance to the child and the family; [ 27 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 28 ] THE WHOLE until July 31, 2021. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Robert-André Adam, attorney for the Director of Youth Protection Me Geneviève Lucas attorney for the child Me Angèle Tommasel, attorney for the mother Me Cassandra Neptune attorney for the father Date of hearing: February 23, 2021