2019 QCCQ 15213, 2019 QCCQ 15213

Protection de la jeunesse — 1910368 2019 QCCQ 15213 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000941-192 DATE: April 17, 2019 (written judgment rendered on October 23, 2019) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2018 [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 the development of the child X, born on [...], 2018, are endangered under

section 38, paragraphs (b) (1) ii. and (b) (2) [1] of the Youth Protection Act . The DYP recommends that the child remain with his parents with aid, counselling and assistance, until March 31, 2020. Position of the parties [ 2 ] The mother is present and represented by Me St-Amand. She admits most of the allegations, and she agrees with the measures. [ 3 ] The father is present and represented Me Tommasel. He admits almost all the allegations, and he agrees with the measures. [ 4 ] The child, who is 5 months old, is represented by Me Jennis.

The child’s lawyer submits to the Court that the measures suggested are in his best interest and asks for unannounced visits at the parents’ place. Facts [ 5 ] The family is known from the DYP as the two oldest children are entrusted to their paternal grandparents and the two youngest are entrusted to a foster family in the Town A area until they reach their majority. [ 6 ] X was born prematurely on [...], 2018. The mother did not know that she was pregnant. She went to the clinic saying that she has stomach cramp and the doctor saw she was in the process of giving birth.

She was medevaced to Town A immediately as it was sure the baby was premature. The mother had consumed alcohol during her pregnancy. When the baby was born, the parents knew that a baby alert would be done and were not surprised that the DYP came to evaluate their situation. According to the nurse at the hospital in Town A, the parents were adequate. [ 7 ] After that, no interventions were done until the nurse informed the DYP worker on January 4, 2019, that the baby loses weight. At that time he was only 2.4 kg while he was 3 kg at birth. The day after, he was medevaced to Town B with his mother.

The medical file shows that the mother came at the clinic after 12 days of the birth to monitor the weight and everything went well. She said that X was vomiting often, but no medical recommendation were made. Between November 20 and January 4, no medical follow-ups were done. [ 8 ] In Town B the doctor explained that the weight loss could be due to many factors and more investigation is needed which can’t be done in Town B. The DYP worker met the mother at the hospital. She was very scared that the DYP takes his baby also, but she was reassured when she was told that she was taking very good care of him.

The doctor confirmed that the baby has to leave immediately for Town A with the mother. The father could travel and also went to Town A. [ 9 ] X had an emergency stomach surgery upon his arrival. The nurse confirmed that the parents were very adequate and very

concerned by their son’s situation. He had a medical issue that made him unable to ingest nutrients. After a recovery period, he reacted very well to being fed. [ 10 ] The father recognizes having an alcohol consumption issue, but as he has financial difficulties, he is not able to buy alcohol and doing so, he is now sober. He is feeling better since he does not consume. [ 11 ] The parents admit that they did not take steps to address their personal issues as they engage to do in the file of the other children.

They really want to keep X and express being ready to do everything they have to do to keep him under their care. The father appears to be more supportive than in the past with the other children. Both parents confirm that their relation is much better since the birth of X. [ 12 ] The mother works at the daycare, but she is actually on a maternity leave. The father is not working. Analysis [ 13 ] X had a very serious medical condition. Fortunately surgery could be done at time and he recovered very well.

Despite his need for a medical follow-up, he is now doing very well. [ 14 ] The parents have a history of consumption and conjugal violence. Because of that, their oldest children were removed from their care. [ 15 ] The few weeks of life of X were difficult and it’s obvious that the parents did not provide the appropriate supervision. When they finally realized the seriousness of the situation, they were very involved and offered very good care to their newborn.

This put X in a situation in which his security and his development were endangered. [ 16 ] That being said, it is obvious that the parents’ situation is getting better. They did not consume and they appeared very motivated to raise their baby. They have to be supported to achieve their objective and it is in X’s best interest to be raised by his parents. FOR THOSE REASONS, THE COURT: [ 17 ] GRANTS the application; [ 18 ] DECLARES that the security and the development of the child X, born on [...], 2018, are endangered under

section 38, paragraphs (b) (1) ii. and (b) (2) of the Youth Protection Act ; [ 19 ] ORDERS that the child remain with his parents; [ 20 ] AUTHORIZES the Director of Youth Protection to conduct unannounced visits at the parents’ home; [ 21 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 22 ] ORDERS that the parents take an active

part in the application of the measures ordered by the Court; [ 23 ] ORDERS that the child receive the specific health cares and services required by his condition; [ 24 ] STRONGLY RECOMMENDS that the parents seek help through the Social Services concerning their conjugal violence issues and their alcohol consumption; [ 25 ] ORDERS that the parents remain sober in the presence of the child; [ 26 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the child and his 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 March 31, 2020. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Geneviève Apollon, attorney for the Director of Youth Protection Me Caroline Jennis, attorney for the child Me Félix St-Amand, attorney for the mother Me Angèle Tommasel, attorney for the father

Date of hearing: April 17, 2019