2019 QCCQ 14227, 2019 QCCQ 14227

Protection de la jeunesse — 1910452 2019 QCCQ 14227 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000858-180 DATE: August 8, 2019 (written judgment rendered on November 26, 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 of A, working in [...] Applicant and A, deceased Mother ______________________________________________________________________ JUDGMENT (Section 95 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 extend a decision rendered on May 24, 2018, regarding the child X, born on [...], 2018. At that date, the Court declared the security and development still endangered and entrusted the child to a foster family until May 31, 2019. [ 2 ] The DYP recommends entrusting the child to a foster family, namely Ms. B, until August 8, 2020. Position of the parties [ 3 ] X, who is 19 months old, is represented Me Mocanu.

The child’s lawyer submits that the measures are in her best interest. History of the situation [ 4 ] On March 28, 2018 , the situation of X was submitted to the Court. At birth, she had been traditionally adopted by Ms. A. The mother lived at her brother’s place. She had an alcohol consumption issue. In January 2018, she was arrested by the police while she was intoxicated, sleeping on the ice with her baby in her [...]. One month later, she was arrested again, still intoxicated with her baby. She accepted to start taking steps to enter the Treatment Center A.

The Court declared that the security and development were endangered [1] and maintained the child with her mother. [ 5 ] On April 17, 2018 , a provisional order was requested as the mother passed away. The child was entrusted to a foster family. [ 6 ] On May 24, 2018 , the evidence revealed that the mother committed suicide. When she was found, the baby was face down on the floor and she was sent to the hospital. X has an important medical condition called central cyanosis (severe problem with the airways, breathing and general circulation), which requires an attentive follow-up.

The grandmother would like to take care of her, but she is not in a position to take on this responsibility for the time being as she is grieving. She desires to be involved. The grandmother also has alcohol issues, and she is waiting for availability in a treatment centre. The Court entrusted the child to a foster home and ordered services for the grandparents. [ 7 ] On May 15, 2019 , because of the lack of time to proceed, the Court maintained the status quo. Facts [ 8 ] X has been staying in the same foster family and she is doing well.

The DYP keeps an eye on the situation as since the last order, the foster family frequently requested help. The foster mother was affected by the suicide of many relatives during the previous years, she underwent surgery, and her biological son needs regular medical care in Town A. Accordingly, she has to travel frequently, and requests help to babysit X. This year, she also went to Town B for the funeral of a family member. She was there for 13 days. [ 9 ] Despite those events, the foster mother is very reliable, very involved and provides a lot of love to X. She plans to adopt her in the near future.

The DYP is in agreement with this adoption. The foster mother has a boyfriend who is also very involved and provides a

lot of help. [ 10 ] X still has medical issues, but she is receiving the medical attention that she needs. [ 11 ] The situation of the maternal grandparents remains the same, but they maintain regular contact with their granddaughter. Previously, they picked her up at the daycare, but because the grandmother arrived intoxicated, the accesses are now organized directly with the foster mother. [ 12 ] Considering the child currently has no tutor, the Court will authorize the foster mother to sign all the medical consents required in the situation of X.

FOR THOSE REASONS, THE COURT: [ 13 ] GRANTS the application; [ 14 ] EXTENDS the decision rendered on May 24, 2018; [ 15 ] DECLARES that the security and development of the child X, born on [...], 2018, are still endangered; [ 16 ] ORDERS that the child be entrusted to a foster family, namely Ms. B; [ 17 ] ORDERS that the maternal grandmother, Ms. C and Ms. B, take an active

part in the application of any of the measures ordered by the Court; [ 18 ] ORDERS that the maternal grandmother, Ms. C and Ms. B report in person, at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 19 ] ORDERS that the child receive specific health care and services required by her condition; [ 20 ] AUTHORIZES Ms. B to sign for the child’s medical consents; [ 21 ] ORDERS that the maternal grandmother, Ms. C remain sober and refrain from any aggression or violence in the presence of the child; [ 22 ] RECOMMENDS that the maternal grandmother, Ms.

C seeks help through the Social Services for her substances and personal issues; [ 23 ] ORDERS that the modalities, frequency and degree of supervision of the contacts between the child and the maternal grandmother, Ms. C be determined by the Director of Youth Protection; [ 24 ] ORDERS that a person working for an institution or body, provide aid, counsel and assistance to the child, the maternal grandmother, Ms. C and Ms.

B; [ 25 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection of A, who shall then see that the measures are carried out; [ 26 ] THE WHOLE until August 8, 2020. __________________________________ PEGGY WAROLIN , J.C.Q. Me Geneviève Apollon, attorney for the Director of Youth Protection Me Ana-Maria Mocanu Culuri, attorney for the child Date of hearing: August 8, 2019