2018 QCCQ 14868, 2018 QCCQ 14868

Protection de la jeunesse — 185450 2018 QCCQ 14868 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 635-41-000849-189 635-41-000850-187 DATE: July 9, 2018 ______________________________________________________________________ BY THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2010 Y, born on […], 2016 [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of A Applicant v.

A , residing and domiciled at […] Mother ______________________________________________________________________ JUDGMENT (sections 95(2) and 75 of the Youth Protection Act ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of information allowing for a child or the child’s parents to be identified.

Every person who contravenes this provision is guilty of an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A .). [ 1 ] The Director of Youth Protection of A submitted an application to extend the decision rendered on February 1, 2018. [ 2 ] On December 4, 2017, the mother wrote on the internet that she wanted to kill herself and her children. [ 3 ] The mother cooperated well with youth protection. She took all the steps required by the applicant. [ 4 ] The last decision rendered by Honourable Guy Lecompte stated the following: [12] They will have to build a trust relationship with her.

A psychological assessment and eventually a follow up will surely help to find the best way to work with her. Presently she seems to trust the Justice Committee of her community. She had to meet with them according to an undertaking given to a Justice of the peace or a judge after the incident on her Facebook messages last December.

The Tribunal thinks it could be helpful that the Director of Youth Protection work in partnership with that Justice Committee in the situation of this family. [ 5 ] The Court decided to render its decision for a shorter period so that a psychological assessment could be carried out to find the best way to work with her and to identify the services she may need. [ 6 ] For administrative reasons, the psychological assessment was not performed during that time period. The psychologist is supposed to be available shortly to assess the mother. [ 7 ] In the meantime, the mother has consulted a psychiatrist on her own.

The professional has referred her for psychological follow-up care. She is on a waiting list to receive these services. [ 8 ] The mother asks that her file be closed. She stated that she has done what she had to do since the last order and she does not want youth protection in her life anymore. [ 9 ] It is true that the mother fully cooperated with the Director of Youth Protection, and it is not her fault if the psychological assessment has not been performed yet. [ 10 ] The mother’s mental health is still fragile. She was referred for psychological follow-up care very recently by the psychiatrist.

[ 11 ] The psychological assessment request by Lecompte J. is still relevant to ensure that the mother receives all the services she needs to continue to care for her children in a safe environment for them. [ 12 ] The Court will order a short period of aid, counselling and assistance to ensure that the mother is assessed by the psychologist and receives all the services required for her family's well-being.

FOR THESE REASONS, THE COURT: [ 13 ] GRANTS the applications; [ 14 ] EXTENDS the decision or order rendered on February 1, 2018; [ 15 ] DECLARES that the security or development of the children X, born on […], 2010, and Y, born on […], 2016, continues to be in danger; [ 16 ] ORDERS that the children remain with their mother; [ 17 ] ORDERS that the mother report periodically to the Director on the measures she applies in her own or in her children’s regard to put an end to the situation in which the security or development of the children is in danger; [ 18 ] ORDERS that the mother take an active

part in the application of any of the measures ordered by the Tribunal; [ 19 ] ORDERS that the mother report in person, at regular intervals, to the Director to inform him of the current situation; [ 20 ] ORDERS that the mother remain sober in the presence of the children; [ 21 ] ORDERS that the mother receive health care and health services, and more particularly that she be assessed by a psychologist as soon as possible; [ 22 ] RECOMMENDS that the mother receive the psychological follow-up care recommended by the psychiatrist; [ 23 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and the children’s family; [ 24 ] ENTRUSTS the situation of the children to the Director of Youth Protection of A, who shall then see that the measures are carried out; [ 25 ] THE WHOLE until August 24, 2018. __________________________________ RENÉE LEMOINE, J.C.Q.

Mtre Marianne Léonard Attorney for the children Mtre Geneviève Apollon Attorney for the applicant Mtre Cassandra Neptune Attorney for the mother Date of hearing: May 24, 2018