2016 QCCQ 17919, 2016 QCCQ 17919

Protection de la jeunesse — 168834 2016 QCCQ 17919 JA0940 QUEBEC COURT Youth Division Canada PROVINCE OF QUÉBEC DISTRICT OF [...] N° : 525-41-030053-151 DATE : October 21, 2016 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X born on [...], 2015 THE DIRECTOR OF YOUTH PROTECTION Applicant and A , mother Respondent ______________________________________________________________________ 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 ] As required under

Section 90 of the Youth Protection Act, the present judgment confirms in writing the decision rendered orally at the hearing held on October 21 st , 2016. [ 2 ] The Director of Youth Protection (the Director) seizes Court of the situation of the child alleging that his security and development are compromised due to neglect and risk of neglect as the mother is unable to meet the child's basic needs. [ 3 ] At the beginning of the court process, the Director is asking for the child to remain entrusted to a foster family for a period of one year.

On many occasions, interim measures were rendered entrusting the child to the care of a foster family. At the conclusion of the inquiry, as time has elapsed, the Director is asking to entrust the child to the specific foster family of Mrs. B until the child reaches his age of majority. Other accessory measures are also recommended, one of them being that the exercise of the attributes of parental authority in relation to medical care be withdrawn from the mother and granted to the foster parent. [ 4 ] The mother admits all the facts alleged in support of the motion.

Throughout the court process, she has been in agreement with the different interim measures recommended. She is also in agreement with the final conclusions sought by the Director. She recognizes that she is unable, for the time being, to meet the child's needs. [ 5 ] Counsel for the child makes no admission. Throughout the court process, the child's attorney supported the recommendations of the Director. He is also in agreement with the final recommendations of the Director.

CONTEXT [ 6 ] When the child was born prematurely at twenty-six weeks of pregnancy, the young mother was sixteen and a half. The child remained in hospital until August 14 th , 2015 (the child was then six months old). When ready to be discharged from hospital, the Director requested that the child be entrusted to a foster family. [ 7 ] While the child was in the hospital, the mother visited him almost every day, for a few hours. A bond has developed between the child and the mother. [ 8 ] The situation of the child cannot be examined without considering that of the mother.

She herself is the subject of a judgement entrusting her to a rehabilitation centre until her age of majority (November 2016). The young mother does not benefit from much family support. As her own mother was facing a deportation order, she went to live with her brother before the youth protection services were involved.

Even if she seems to have contacts with her own mother, it is understood that she is more or less alone to face motherhood. [ 9 ] In the fall of 2015, the undersigned requested that both youth protection workers (the one assigned to the teenage mother and that of the baby) work hand in hand in order to try and find a resource that could accommodate mother and son. Unfortunately, such a resource could not be identified and it has been difficult for the workers to work as closely as it was hoped.

At the hearing conducted in December 2015, the youth protection worker did not know if there was a plan for mother and child to live together. [ 10 ] At times, and for lengthy periods, the mother kept in close contact with the foster parent and visited the child regularly. At other times, when the mother was absent from her rehabilitation centre without permission for weeks at a time, she failed to keep in close contact with the child. [ 11 ] During her testimony, the mother explained quite clearly that it was hard for her to be a teenager and a mother.

She said she felt more like a babysitter as the foster mother knew a lot more about her son than she did. The foster mother knew how to care for the baby while she had everything to learn. [ 12 ] When the mother is with the child, she is appropriate and shows her genuine attachment and love for him. She is open to receive medical information and seeks instructions on how to care appropriately for the child. [ 13 ] At times, the young mother claims that she would like to live with her mother and would like to do so as soon as she turns eighteen.

The following week, she may very well change her mind and have other plans. [ 14 ] Under these conditions, it is very hard for the mother to provide stability for the child. The mother herself recognizes that her son is well taken care of by the foster mother and that it is best for him to remain in foster care. [ 15 ] During the court process, the mother has expressed that she would prefer that her son remain in a foster family only for a few years.

At the conclusion of the hearing, she agrees that the child stay in the foster family until he reaches his age of majority. [ 16 ] The Court is satisfied that all efforts have been made to try and support the mother to assume her responsibilities as a parent.

Services have been provided and mother and foster mother have an open and relatively good relationship. [ 17 ] Due to the child's medical condition, he is followed closely by a medical team and requires often to be hospitalized and to receive medical care. [ 18 ] The mother has often been absent from her rehabilitation centre and has, at times, failed to be in close contact with the child.

Under these circumstances, it is deemed appropriate that the foster mother, who is well aware of the child's medical condition, exercise the attribute of parental authority in regards to the child's health care. [ 19 ] It is hoped that the mother will make the efforts to remain very present for her son. Even if the child is entrusted to a foster family until his age of majority, she has a very important role to play in his life. Services will continue to be provided to her in order to support her to take an active

part in making appropriate decisions for her son and in being involved in his life. [ 20 ] Under the circumstances, the Director has established that the security and development of the child are compromised due to the mother's inability to meet his needs. The measures recommended meet the needs of the child and are in his best interest.

AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 21 ] DECLARES that the security and the development of the child are compromised due to neglect and risk of neglect; AND, BY VIRTUE OF AND PURSUANT TO THE POWERS GRANTED UNDER SECTIONS 91 AND 91.1 OF THE YOUTH PROTECTION ACT, THE COURT ORDERS THE FOLLOWING MEASURES: [ 22 ] ORDERS that X be entrusted to a foster home until his age of majority; [ 23 ] ORDERS that the foster family be the one of Mrs.

B; [ 24 ] ORDERS that the modalities and duration of contacts between X and his mother be determined by the Director of Youth Protection and SETS the minimal frequency at once (1) per week; [ 25 ] WITHDRAWS from the mother the exercise of the attribute of parental authority that pertains to health care and GRANTS this attribute of parental authority to Mrs. B; [ 26 ] ORDERS that all times the Director of Youth Protection inform the mother of all decisions made by Mrs. B in her exercise of the attributes of parental authority pertaining to health care;

[ 27 ] ORDERS the mother to collaborate fully with the Director of Youth Protection; [ 28 ] ORDERS that aid, counsel and assistance be provided to the child and his mother until the age of majority of the child; [ 29 ] ENTRUSTS the situation of the child to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out; [ 30 ] ORDERS the execution of the present judgment by any peace officer, if necessary. _________________________________ MARIE ARCHAMBAULT, J.C.Q.

Me Myriam De Blois Attorney for the Director of Youth Protection Me Christophe Lafontant Attorney for the child Me Karine Dallaire Attorney for the mother Dates of hearing : September 8 th , December 9 th , 2015 and October 21 st , 2016