2015 QCCQ 14403, 2015 QCCQ 14403

Protection de la jeunesse — 153386 2015 QCCQ 14403 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT DE [...] TOWN DE [...] Youth Division No: 105-41-000383-159 DATE: July 6, 2015 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], authorized person by the DIRECTOR OF YOUTH PROTECTION Petitioner -and- X born on […] Child -and- A -and- B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 ] On March 2, 2015, the Court declares that the security and development of the child and her sister are in danger because they suffer from neglect.

Relying on the parents’ intention to cooperate in order to correct the situation, the Court orders that both children remain with their parents. [ 2 ] Unfortunately, the situation, already serious, deteriorates soon after. [ 3 ] The director of youth protection (DYP) now asks the Court to revise the previous judgment and entrust the children to foster families. At the hearing, the DYP modifies one conclusion to request that the placement be ordered for approximately eight months instead of one year.

The parents as well as children’s counsel agree with the measures recommended by the DYP. [ 4 ] The parents have serious difficulties applying recommendations that professionals provide in order to meet the children’s needs. They show poor cooperation. They are reluctant to receive services. Even more worrying, they hardly see their children’s needs and tend to minimize their children’s needs and problems. [ 5 ] Providing a normal daily routine is a difficult task for the parents, which they do not achieve constantly. The children do not receive the care and stimulation they require.

Despite all services put in place in order to help the family, the situation does not improve at all, to the contrary. [ 6 ] The situation is very troubling, since the children already suffer from severe developmental delays. A major parental involvement is essential and, unfortunately, the children cannot count on it for the time being. [ 7 ] On April, 30, while at the CLCS to receive a vaccine, X starts having convulsions. While the mother thinks it is because she would suffer from asthma, the doctor requires she be hospitalized.

She is eventually transferred to a hospital in City A and spends about two days in intensive care because of her poor health state. The seven months old spends several days alone at the hospital, without her parents. [ 8 ] The documentary evidence is abundant and demonstrates that the petition is well founded.

[ 9 ] Considering that the situation, already very fragile, is deteriorating, it is necessary to remove those young and very vulnerable children from their parents’ care. They suffer major neglect and their parents obviously cannot meet their basic needs. [ 10 ] The parents will have to put on major changes in order that the children can eventually be entrusted to them again. WHEREFORE, THE COURT: [ 11 ] GRANTS the petition for revision of order; [ 12 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 13 ] REVISES the Court order rendered on March 2, 2015; [ 14 ] ORDERS that the child be entrusted to a foster family designated by the DYP until February 28, 2016; [ 15 ] RECOMMENDS that the parents submit themselves to a parental capacity assessment; [ 16 ] RECOMMENDS that both parents submit themselves to a psychological assessment; [ 17 ] RECOMMENDS that the father benefit from a psychological follow-up as long as deemed necessary by the professional; [ 18 ] ORDERS that the child and her family benefit from the services of an external educator, as long as deemed necessary by the professional involved; [ 19 ] ACKNOWLEDGES the parents’ consent and AUTHORIZES the professionals involved in the situation of the child to exchange all relevant information; [ 20 ] ORDERS that both parents actively participate in all ordered measures; [ 21 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and her family until February 28, 2016 ; [ 22 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the petitioner Me Alexis Deschênes for the child Me Hugo Caissy for the parents Date of hearing: July 6, 2015 Written judgment filed on July 23, 2015