2020 QCCQ 9594, 2020 QCCQ 9594

Protection de la jeunesse — 201860 2020 QCCQ 9594 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division » No: 614-41-000528-200 DATE: February 13, 2020 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A, working in [...].

APPLICANT and X, born on [...], 2019 CHILD and A MOTHER and B FATHER ______________________________________________________________________ JUDGMENT ( Sections 38 and 91 of the Youth Protection Act CQLR c. P-34.1 ) ______________________________________________________________________ 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.). [ 1 ] The Director of Youth Protection submits a motion asking the Court to declare that the security and development of the child are endangered because of neglect in providing medical services needed by the child, because the child was not provided proper supervision ( sections 38 b) (1) ii) and b) (1) iii) of the Youth Protection Act ). [ 2 ] The mother is not present for the hearing, but she mandated Mtre. Michel Grenier to act on her behalf.

She is currently in Town A escorting the child with the grandmother for him to receive medical attention and for medical investigation. [ 3 ] Mtre. Yan Massé acts on behalf of the child and Mtre. Adelia Ferreira on behalf of the applicant. The father was served, but he is neither present nor has he mandated a lawyer to represent him. [ 4 ] The parties asked to proceed in the absence of the father given the fact that he was duly served, which was allowed by the Court. [ 5 ] All the allegations of the application are admitted by the mother.

These are the following : • Following the birth of the child, the mother has experienced mood swings and sadness; • The mother lives with the maternal grandmother; • The mother goes out and leaves the child without making any arrangements with the family members living at the house; • The mother only comes back the day after; • The mother has alcohol consumption issues; • The mother and the father are in a relationship, but are not living together; • The father also has alcohol consumption issues; • The father is not involved in the child’s life; • The child was the subject of a provisional agreement from December 30 until January 30 of this year; • The mother undertook not to leave the child alone without making any prior arrangements with the family members to babysit;

• The mother did not respect that condition; • On January 3 2020, the mother left the child for the night without telling the maternal grandmother; • Protective measures were invoked on January 4, 2020, and the child was entrusted to the care of the maternal grandmother; • The child is being investigated for a severe jaundice; • At the present time, none of the parents is in a position to resume the care of the child. [ 6 ] On January 8, Judge Lucie Godin entrusted the child to the care of the grandmother during the proceedings. [ 7 ] At first, the recommendation of the Director of Youth Protection was to entrust the child to the care of the grandmother for a period of one year.

A few days before the Court hearing, the grandmother informed the Director of Youth Protection that she was not willing to take care of the child as recommended. The mother was there when the grandmother informed the Director of Youth Protection of her decision. [ 8 ] So, the Director had to change his recommendation and is now seeking the placement of the child in a foster family who is the mother’s extended family. [ 9 ] For the time being, there is no clear diagnosis given by the medical team for the child. [ 10 ] He would suffer from optic hypoplasia resulting in blindness.

He also has to be investigated concerning liver issues and hypoglycemia. [ 11 ] The child, because of his age and because of his health condition is highly vulnerable. It will take a very responsible person to provide for and answer all the needs of this child, and this, on a daily basis. For now, the mother is not the person who can provide coherent, consistent care for the child.

But also given the young age of the child, it would be important that access rights be encouraged in order to create a bond between the mother and X. [ 12 ] The mother should also seek help in order to assess if she suffers from post-partum depression. [ 13 ] Both parents must seek help in order to address their alcohol and drug related problems. [ 14 ] X’s counsel is of the opinion that the measures recommended by the Director of Youth Protection are in his best interest.

THEREFORE, THE COURT; [ 15 ] GRANTS the application; [ 16 ] DECLARES that security and development of X, born on [...], 2019, are endangered according to sections 38 b) (1) ii) and 38 b) (1) iii) of Youth Protection Act ; [ 17 ] ORDERS that the child be entrusted to a foster family for a period of twelve (12) months, with possible reintegration with the mother after six (6) months if the situation allows to do so; [ 18 ] ORDERS that access rights between the parents and the child be encouraged and supervised by the Director of Youth Protection as for the modalities, the frequency, including the presence of a third person if needed; [ 19 ] ORDERS that the child receive all specific health care and health services required by his condition; [ 20 ] ORDERS the parents to meet with the NAADAP worker and to follow the recommendations made by this professional in order to resolve their substance abuse related problem; [ 21 ] ORDERS the mother to be assessed to determine if she suffers from post-partum depression and that she follow the recommendations if required; [ 22 ] ORDERS the parent to be and remain sober when in the presence of the child; [ 23 ] ORDERS the parents to take steps in order to improve their parental skills through community workshops or the CLSC; [ 24 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child and the mother for a period of one year; [ 25 ] ORDERS that a person working for an institution or body provides aid, counsel and assistance to the father if he requests such follow-up after showing his willingness to participate; [ 26 ] ORDERS that the father remain sober in the presence of the child is he exercises his access rights; [ 27 ] ORDERS any peace officer to collaborate with the execution of the Court orders if required to do so by the Director of Youth Protection or one of its representatives; [ 28 ] ENTRUSTS the situation of X to the Director of Youth Protection A who shall then see that the measures are carried out.

Signed in Town B on March 31 2020 ________________________________ LUCILLE CHABOT, J.C.Q. Mtre. Adelia Ferreira Ferreira, Lempicka, Attorneys – Town A Attorney for the applicant Mtre. Yan Massé Centre communautaire juridique A – Town C Attorney for the child Mtre. Michel Grenier Michel Grenier, Avocat – Town D Attorney for the mother M. B Father Date of hearing: February 13, 2020