2018 QCCQ 16504, 2018 QCCQ 16504

Protection de la jeunesse — 186606 2018 QCCQ 16504 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 635-41-000720-166 DATE: September 27, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...] 2016 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A Applicant and MRS A, residing and domiciled at House [...] Mother ______________________________________________________________________ JUDGMENT (Section 95 (par. 1) Y.P.A., R.S.Q. c.

P-34.1 ) ______________________________________________________________________ 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 (the Director) A submits to the Court an application for the review of the decision rendered on October 12, 2017, entrusting the child X, born on [...] 2016, to the foster family of Mrs B and Mr C until July 27, 2018. [ 2 ] The Director asks that the child remain in a foster family until June 6, 2019. [ 3 ] At the hearing, the mother is absent, but represented by Me Angèle Tommasel.

Me Cassandra Neptune represents the child and Me Geneviève Apollon, the applicant. [ 4 ] On behalf of the mother, Me Tommasel asked for a postponement, because of the absence of the mother. The applicant testified of all the steps taken to ensure the mother’s presence in Court today. She was duly served, informed that a plane ticket was available for her at the airport, informed of all the transportation schedule. The social worker tried to reach her yesterday and left messages. The mother did not call him back.

The child’s placement is nearly expired. [ 5 ] Considering such evidence, the Court dismissed the motion. [ 6 ] The Director alleged many facts. Some of them are admitted by the mother’s lawyer, who inform the Court that the mother disagree with the measures. The evidence is completed with the testimony of the social worker and his revision report is filed. [ 7 ] The child remained under the care of the foster family of Mrs B and Mr C until the end of January 2018. The foster parents disclosed that they could not keep up with the needs of the child and their personal situation.

The child displays a fragile health and special needs. He has difficulty walking, does not bend his knees, has lung fragility and often contracts pneumonia and bronchitis. The pediatrician suspected FASD and ADDH. Because of Mrs B’s pregnancy and complications, she could not keep up with X’s needs. [ 8 ] He was entrusted in three different foster families. On February 23, 2018, he was entrusted to the foster family of Mrs D. She had met him on a few occasions in the past when she was working up North. She is well aware of X’s needs and answers them adequately.

However, she needs support due to the medical condition and fragile health of the child. [ 9 ] The mother did not seek help for her alcohol and personal issues. She has sorrow and regrets deeply X’s placement. She already has six of her eight children fostered until their majority. She is entitled to have visits to her son, but with arrangements made previously with the Director and the foster family. [ 10 ] The mother might fear a long-term placement for X, but at one point, she must collaborate with the Director, seek for help and establish contacts with her child.

It is urgent for her to address her issues in order to have some role in X’s life.

THEREFORE, THE COURT: [ 11 ] ALLOWS the application; [ 12 ] DECLARES that the security and development of X are still in danger; [ 13 ] ORDERS that the child X be entrusted to a foster family chosen by the institution operating a child and youth centre until June 6, 2019; [ 14 ] ORDERS that the foster family have access to respite if necessary; [ 15 ] ORDERS that the child receive specific health care and services required by his medical condition; [ 16 ] ORDERS the Director of Youth Protection to supervise the contacts between the child and his mother with regard to the terms and degree of supervision; [ 17 ] RECOMMENDS that the mother seek help from the social services for her alcohol consumption and personal issues; [ 18 ] AUTHORIZES the Director of Youth Protection to have access to the information regarding the mother’s presence at the appointments set by the professionals and her degree of involvement in the services provided; [ 19 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the mother, the child and the foster parents until June 6, 2019; [ 20 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Geneviève Apollon Attorney for the applicant Me Angèle Tommasel Attorney for the mother Me Cassandra Neptune Attorney for the child Date of hearing: July 26, 2018