2022 QCCQ 13554, 2022 QCCQ 13554

Protection de la jeunesse — 228021 2022 QCCQ 13554 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 635-41-001214-227 DATE: December 22, 2022 BY THE HONOURABLE NATHALIE SAMSON, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2021 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A. Applicant and A Mother ______________________________________________________________________ JUDGMENT ( sections 38 and 75 of the Youth Protection Act , CQLR., c.

P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified.

Every person who contravenes this provision commits an offence and is liable to a fine (ss. 9.2, 9.3 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection has applied to the Court to have the security and development of the child declared to be in danger pursuant to sections 38b) 1)ii) of the Youth Protection Act [1] . [ 2 ] The Director asks the Court to entrust the child to a foster family for a period of one year. The child is currently placed with a foster family in Town A. The mother lives in Town B. [ 3 ] At the hearing, the mother was represented by a lawyer.

Counsel for the child has confirmed that the situation of the child is in danger and that the suggested measures are in her best interests and meet her needs. The mother has admitted that the child’s situation is in danger, but she asks that the children be placed in her community to be able to work on her parenting abilities. The mother understands that the child has health issues, but she is not able to explain those issues. The mother has ignored most of the alleged facts in the application.

To put an end to the situation of endangerment to the child’s security and development, the parties agreed to the measures requested by the DYP. [ 4 ] The following facts were put in evidence. [ 5 ] The child has spent the majority of her life under her maternal grandmother’s care. The mother took the child back under her care during the summer of 2022. The mother lacks parenting abilities in regard to the health care the child needs, and she does not recognize the gravity of the situation. [ 6 ] On August 8, 2022, the child was diagnosed with a chronic and severe ear infection and with impetigo.

The mother let the child’s medical condition deteriorate for about three weeks before consulting a doctor. On August 25, 2022, the child was brought to the nursing station by the mother and her condition had again severely deteriorated. That day, the mother was supposed to go back to the nursing station at 1:00 p.m., but she did not show up and later explained that she was sleeping. When the mother was found with the child by a social worker at 4:00 p.m., the child was in a life-threatening situation. She had to be medevacked to the hospital in Town C, where she remained in the intensive care unit for two weeks.

During that time, the mother was not cooperative and she was emotionless towards the child. On September 4, 2022, the maternal grandmother was found intoxicated in the presence of the child in Town C and immediate protective measure had to be applied.

[ 7 ] The mother did not attend a follow-up nursing appointment with the child on October 4, 2022. On October 6, the child was brought to the nursing station. She had a cold, and pus was draining from her right ear. When asked, the mother explained that the child had had a fever for four days. On November 12, 2022, the child still had the same severe infection, and she received antibiotic doses three times a day by intramuscular injection at the nursing station. The mother missed at least two or three doses of the antibiotic, explaining that she was tired.

On November 17, 2022, the mother refused to go for the morning antibiotic dose, without any explanation. When the youth protection worker showed up at the mother’s residence, she could hear the child crying and the mother was ignoring her while pretending to sleep. The child had to be hospitalized to receive treatment.

The medical teams voiced their concerns about the mother’s ability to meet the child’s health needs. [ 8 ] The maternal grandmother also shared her concerns about the fact that the mother was apparently consuming alcohol regularly and was not in a position to care for the child. [ 9 ] The mother does not recognize the gravity and the nature of the facts, and the child is fragile, young and highly vulnerable. [ 10 ] After taking into consideration the documentary evidence, the testimony and the positions of the parties, the Court finds that the evidence is sufficient to declare that security and development of the child are in danger and that the measures suggested meet her needs and are deemed to be in her best interest.

FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the motion; [ 12 ] DECLARES that the security and development of the child are in danger under

section 38b) 1)ii) of the Youth Protection Ac t [2] ; [ 13 ] ORDERS that the child be entrusted to a foster family chosen by the institution operating a child and youth protection centre; [ 14 ] ORDERS that the mother report periodically to the director on the measures she applies in her own regard or in the child’s regard to put an end to the situation in which the security or development of the child is in danger; [ 15 ] ORDERS that the mother take an active

part in the application of any of the measures ordered by the Court; [ 16 ] ORDERS that the mother report in person, at regular intervals, to the director to inform him of the current situation; [ 17 ] ORDERS that the child receive specific health care and health services; [ 18 ] ORDERS that the child and the child’s family receive the services of an external educator for the period deemed necessary by the professionals; [ 19 ] GRANTS the Director of Youth Protection access to the child’s medical file and health professionals; [ 20 ] ORDERS that the terms, frequency, and degree of supervision of contact between the child and the mother be determined by the director; [ 21 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family; [ 22 ] TAKES JUDICIAL NOTICE that the intention of the Director of Youth Protection is that the child be entrusted to a foster family in Town B as soon as the child’s health is stabilized; [ 23 ] T AKES JUDICIAL NOTICE that a return to the mother will be explored, depending on the mother’s involvement and collaboration, in particular with regard to the child’s health conditions, as soon as the child’s health allows it; [ 24 ] TAKES JUDICIAL NOTICE that B, C and D will be assessed as potential foster families or kinship families; [ 25 ] ORDERS the Director of Youth Protection to organize, without delay, a

schedule of visits while the child is not in her community; [ 26 ] ORDERS that the mother be informed on a regular basis of any changes in the child’s health; [ 27 ] STRONGLY RECOMMENDS that the mother be involved in her child’s medical follow-up; [ 28 ] ORDERS the mother to seek help for the development of her parenting abilities; [ 29 ] ORDERS that the mother be given support to understand the medical situation of her child; [ 30 ] WITHDRAWS certain attributes of parental authority from the mother, namely those with regard to health and travel, and grants them to the Director of Youth Protection; [ 31 ] ORDERS that the police cooperate with the enforcement of the order; [ 32 ] ENTRUSTS the child’s situation to the Director of Youth Protection A., who shall see that the measures of the agreement are carried out; [ 33 ] The whole until September 30, 2023 .

__________________________________ NATHALIE SAMSON, J.C.Q. Mtre Alix Génier Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Geneviève Lucas Legal aid Counsel for the child Mtre Ève Laoun Counsel for the mother Date of hearing: December 22, 2022