2020 QCCQ 4609, 2020 QCCQ 4609

Protection de la jeunesse — 204561 2020 QCCQ 4609 JB5047 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth division »

N os : 455-41-001239-193; 455-41-001241-199; DATE : July 16, 2020 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on [...], 2019 Y Born on [...],2019 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection; Applicant -and- A Children’s mother -and- B Children’s father ______________________________________________________________________ JUDGMENT [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.).

Introduction [ 1 ] The Director is requesting for the revision of the Court order rendered on October 3, 2019. [ 2 ] By this order, the Tribunal declared the security and development of the children X and Y in danger for the motive of serious risk of neglect. [ 3 ] As protective measures, the Court entrusted the children to a foster family, ordered that the children receive specific health care and health services, authorized, in the children’s favour, supervised contacts with their parents, upon frequency and modalities to be determined by the Director, according to the children’s specific needs, authorized in the children’s favour, contacts with their maternal grandmother, upon frequency and modalities to be determined by the Director, according to the children’s specific needs, took judicial notice that the maternal grandmother could be evaluated as a potential foster family following a positive evolution of the children’s medical situation and ordered a social follow-up for a period of one year.

[ 4 ] Today, the Director considers that the security and the development of the children are still in danger for the same motive. [ 5 ] Because of the new alleged facts, the Director recommends revising the protective measures so that the Court entrust the children to a rehabilitation center, entrust the children to a foster family as soon as a proper foster family is identified, authorize contacts between the children and their parents and grandparents, upon frequency and modalities determined by the Director, including the degree of supervision and order that the children receive specific health care and health services. [ 6 ] In addition, the Director recommends that the Court withdraw from the parents the exercise of certain attributes of parental authority as it pertains to health care needs and designated the Director to exercise the attributes of parental authority withdrawn from the parents.

Finally, she proposes that a social follow-up be provided to the children for a period of one year. [ 7 ] At the hearing of July 16, 2020, the mother is present and represented. She is in agreement with the recommended measures. [ 8 ] The father is also present, but not represented by a lawyer. Questioned by the Court, the father expresses his agreement to the recommended measures. [ 9 ] The children’s lawyer his also in agreement with the recommended measures.

Evolution of the situation [ 10 ] Since the last Court order, the children have been residing in the foster family to whom they had been entrusted on May 7 th , 2019. [ 11 ] Unfortunately their health condition continued to deteriorate. [ 12 ] In November 2019, the children’s doctor recommended a gastrostomy because it was no longer possible to force-feed them. [ 13 ] The parents did not show up at the appointment with the delegate to sign the form to authorize the surgical procedure. [ 14 ] The delegate was not able to reach the parents as they had left their home without advising of their whereabouts and that they did not call back despite numerous voice messages. [ 15 ] On November 29 th , X was hospitalized as he had a high fever. [ 16 ] On December 3 rd , 2019, the Director then filed a petition to have the exercise of certain attributes of parental authority pertaining to health care and services be removed from the parents and transferred to the Director. [ 17 ] The parents were absent on that day in court and the Tribunal granted the petition. [ 18 ] Ultimately, X was discharged without receiving surgery but continue to require medical attention. [ 19 ] On December 8 th , 2019, Y was hospitalized due to blood in her reflux and required medical attention for many days after, being in and out of hospital. [ 20 ] The children’s health remained worrying and they continue to receive services from different medical specialists.

Many investigations are still underway. [ 21 ] The children finally underwent their surgery in late Spring 2020. [ 22 ] The children experiment hearing loss. Y has a severer deafness and X has a deep deafness. The [Centre A] (Centre

A) will be providing services as soon as hearing aids can be put in place. [ 23 ] The children show significant motor skills delays and intellectual and neurological particularities. [ 24 ] As for the parents, they still experiment some difficulties more particularly regarding transportation. [ 25 ] They have been difficult to reach even for urgent matters. [ 26 ] Visits are scheduled to occur for one hour every two weeks. [ 27 ] The parents were not consistent in attending visits. Some visits were cancelled because did not confirm or show up.

Some visits were also cancelled due to the children’s health situation. [ 28 ] The father from the onset seems less involved with the children. He only attended the first visit on November 1 st where he was observed as having little interaction with the children. After this, he started to work and was no longer available for the scheduled visits. [ 29 ] The mother, accompanied by the maternal grandmother, attended more visits.

She is observed as having some difficulty in calming the babies when they are crying. [ 30 ] In fact the parents show little knowledge about basic children’s needs, particularly the father. [ 31 ] Despite their good will their capacity to learn and to mobilize themselves is low. [ 32 ] The parents generally did not inquire about the children’s situation. They receive information passively when given.

[ 33 ] During the last 3 months, the mother has been calling now and then at the fster home to receive some news here and there. [ 34 ] The parents are adequate during the visits but do not take initiatives. They do not stimulate the children. [ 35 ] The maternal grandmother has a positive impact on the parents during the visits.

She also offers support the parents. [ 36 ] When this file was to proceed in February, the Director was recommending the suspension of visits with the parents. [ 37 ] Since then the Director has reviewed his position. [ 38 ] The children requiring intensive health services, it has been impossible for the Director to find a foster to care for them. [ 39 ] The Director now contemplates to entrust the children to a special group home from the physical readaptation network in City A. [ 40 ] In that context, to maintain a link of attachment, the Director is now recommending that he visits with the parents be maintained. [ 41 ] The visits will be maintained at the same modalities but will be held in City A. [ 42 ] Having read the reports, and considering the agreement of all parties, the Court finds that the evolution of the situation gives way to the recommended measures.

FOR ALL THESE MOTIVES THE COURT: GRANTS the present application; DECLARES that the security and development of the children X and Y are still in danger; REVISES the Court order rendered on October 3, 2019, in the present file ENTRUSTS the children to a foster home until a rehabilitation center from the CRDP Network is found and appropriate to their needs; ENTRUSTS the children to a rehabilitation center chosen by the Director of Youth Protection; AUTHORIZES contacts between the children and their parents and grandparents, upon frequency and modalities determined by the Director of Youth Protection, including the degree of supervision; ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in their children’s regard to put an end to the situation in which the security and development of the children is in danger; ORDERS that the children receive specific health care and health services; ORDERS that the parents take an active

part in the application of any measures ordered; WITHDRAWS from the parents the exercise of certain attributes of parental authority as it pertains to health care needs; DESIGNATES the Director of Youth Protection to exercise the attributes of parental authority withdrawn from the parents; TAKES NOTICE of the Director’s intention to clarify a long-term plan for the children during this period, excluding that they be returned to their parents; TAKES NOTICE of the Director’s intention to clarify a long-term plan excluding that the children be returned to their parents; ORDERS that a person, working for CIUSSS A or any other establishment or body, provide aid, counsel and assistance to the children and their family for a period of one year; ENTRUST the situation of the children X and Y to the Director of Youth Protection to see that the measures are carried out. __________________________________ PASCALE BERARDINO, J.C.Q.

M e Andréanne Lacasse Counsel for the DYP M e René Sévigny

Counsel for the children M e Érica Gosselin Counsel for the mother Date of written judgment : July 16, 2020