2019 QCCQ 15278, 2019 QCCQ 15278

Protection de la jeunesse — 1910398 2019 QCCQ 15278 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002216-189 DATE: January 17, 2019 (written judgment rendered on April 26, 2019) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2013 [SOCIAL WORKER 1] and [SOCIAL WORKER 2], Youth Protection workers, 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 [...] ______________________________________________________________________ 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 review a decision rendered on November 20, 2018, regarding the child X, born on [...], 2013. At that date the Court declared the security and development in danger and entrusted the child to Ms. C as a foster family if she accredited as such. [ 2 ] The DYP submits that Ms. C can’t continue to take care of X and recommends the Court to entrust him to a foster family.

Position of the parties [ 3 ] The mother is present and represented by Me Tommasel. She admits most of the alleged facts and agrees with the measures. [ 4 ] The father, even if duly served and travelling organized for him, decided not to come nor to be represented. Considering the consent of the parties and the best interest of the child, the Court proceeds in his absence. [ 5 ] After hearing the evidence, Me Martineau the child’s lawyer, invites the Court to grant the recommended measures. Facts [ 6 ] The undersigned rendered the decision for protection. The situation of the child is the following.

X is 5 years old and is diagnosed with septo-optic dysplasia with growth-hormone deficiency, hypothyroidism and diabetes. A very close daily follow-up is required. [ 7 ] The parents have alcohol consumption issues, and until recently, financial difficulties. X and his younger sister did not always have enough food at home. [ 8 ] Because X did not receive the appropriate care from his parents, he had to be medevaced a few times and the medical staff was scared not to be able to maintain the child alive.

Even after his hospitalization, the parents did not take steps to have the appropriate medication. [ 9 ] According to the pediatrician, X should attend school on a daily basis because he is low stimulated by his parents, but the parents neglected to register him at school. [ 10 ] The pediatrician also explained that the foster family would have to follow some training to be able to take care of X. On October 4, Ms. C said being available and follow the training. X was entrusted to her on voluntary measures and he called her “Grandma.”

[ 11 ] On November 20, 2018, the Court declared the security and development of X in danger under sections 38 (b) (1) ii. and (b) (1) iii. of the Youth Protection Act and entrusted him to Ms. C who received the appropriate training from the medical staff. [ 12 ] In December 2018, following an endocrinology consultation, X received a new medication. This medication required another training for the caregiver which could only be offered in City A. [ 13 ] Still in December, the mother informed the DYP that X told been slapped and having cold showers at Ms. C’s.

The DYP is investigating on those allegations. [ 14 ] Ms. C was asked to travel to City A to receive the new training, but she was not available to go.

It was urgent to find a caregiver able to benefit from this training and available to receive X. [ 15 ] A temporary foster family was found in City A and they received the training on December 7, 2018, with the mother. [ 16 ] On December 17, 2018, on provisional measures, the Court entrusted the child to a foster family. [ 17 ] The parents and family members travelled to City A for Christmas Holidays to visit X and to accompany him in his new foster family who is available for a long-term basis if necessary. Analysis [ 18 ] Because of his very special needs, the situation of X remains in danger.

His parents still have their own issues avoiding them to adequately taking care of X. [ 19 ] As Ms. C is not able anymore to take care of X, the application is well founded and the Court has no hesitation to maintain the child in a foster family without indicating the name.

FOR THOSE REASONS, THE COURT: [ 20 ] GRANTS the application; [ 21 ] DECLARES that the security and development of the child X, born on [...], 2013, are still in danger; [ 22 ] ORDERS that the child be entrusted to a foster family, chosen by the institution operating a child and youth protection centre; [ 23 ] ORDERS that the child receive specific health care and services required by his situation and a speech therapist follow-up; [ 24 ] ORDERS that the occupational therapist report be filled in the Court’s record; [ 25 ] ORDERS that the medical recommendations, including the speech therapist and the occupational therapist reports, be explained to the parents and the foster family, and that all the recommendations be applied; [ 26 ] ORDERS that the recommendations from the speech therapist and the occupational therapist concerning the schooling be provided and explained to the school staff and that they be applied; [ 27 ] ORDERS that the school staff be maintained aware of the child needs according to the recommendations of the health professionals; [ 28 ] ORDERS that the parents take an active

part in the application of any of the measures ordered by the Court; [ 29 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 30 ] ORDERS that the child attend school on a regular basis; [ 31 ] ORDERS that the child, the parents and the foster family receive the services of an external educator on a regular basis; [ 32 ] ORDERS that the parents remain sober in the presence of the child; [ 33 ] RECOMMENDS that the parents seek help through the Social Services concerning their personal issues and to accept to participate in the sand therapy organized in City B; [ 34 ] ORDERS that the contacts between the child and the parents be determined by the Director of Youth Protection as for the modalities, the frequency and the degree of supervision; [ 35 ] ORDERS that the frequency of the contacts be extended according to the evolution of the situation; [ 36 ] ORDERS that the parents be informed of all medical appointment and hospitalization of the child to allow them to be present; [ 37 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the child, the parents and the foster family; [ 38 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 39 ] ORDERS the execution of the present judgment by any peace officer;

[ 40 ] THE WHOLE until November 30, 2019. __________________________________ PEGGY WAROLIN , J.C.Q. Me Sarah Bourgeois-Lessard, attorney for the Director of Youth Protection Me Isabelle Martineau, attorney for the child Me Angèle Tommasel, attorney for the mother Date of hearing: January 17, 2019