2019 QCCQ 11666, 2019 QCCQ 11666

Protection de la jeunesse — 192244 2019 QCCQ 11666 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000409-187 DATE: January 10, 2019 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A APPLICANT and X, born on [...], 2018 CHILD and A MOTHER and B FATHER ______________________________________________________________________ JUDGMENT ( Sections 38 and 91 of the Youth Protection Act , C.Q.L.R., 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 the development of X, four months old, are endangered pursuant to sections 38 b) 1° iii), 38 b) 2° and 38

c) of the Youth Protection Act , that is to say neglect in the supervision of the child, serious risk of neglect and psychological ill-treatment. [ 2 ] For the hearing, Mtre Marie-Josée Ayoub represents the mother and Mtre Michel Grenier acts on behalf of the father. They have a clear mandate from their clients who are not present. Mtre Yan Massé represents the interest of the young child. [ 3 ] Basically, the parents have issues with consumption. The mother admitted having an alcohol-related problem and the father admitted that he smokes cannabis on a regular basis.

The parents argue a lot and the mother often leaves home to go to relatives’ homes and this situation has an impact on the child. [ 4 ] On December 2, the child’s babysitter called social emergency stating that she could no longer continue to care for the child and the mother was nowhere to be found. [ 5 ] On December 11, the Court ordered the provisional foster care of the child. [ 6 ] It appears that the mother has mental health issues that need a psychiatrist’s follow-up. During her pregnancy, she appeared unstable.

On some occasions, there were episodes of self-mutilation. [ 7 ] Given the young age of the child, she is highly vulnerable. She needs responsible and caring adults to ensure her needs are met. [ 8 ] The parties come to an agreement on the measures that should be ordered by the Court in order to resolve the situation. [ 9 ] The mother would be in agreement with attending a mother-child treatment program at [centre A] or [centre B], and the Director of Youth Protection as well as the child’s counsel are of the opinion that this opportunity is in the best interest of the child.

FOR THESE MOTIVES, THE COURT: [ 10 ] GRANTS the motion; [ 11 ] DECLARES that the security and the development of X, born on [...], 2018, are endangered (38 b) 1° iii), 38 b) 2° and 38

c) of the Youth Protection Act );

[ 12 ] ORDERS the placement of X in a foster family for a period of six months with a possible reintegration with the mother should she attend a program such as [centre A] or [centre B] and AUTHORIZES the Director of Youth Protection to reintegrate the child with the mother as soon as the presence of the child is permitted and as long as the mother remains in such program; [ 13 ] ORDERS that access rights between the child and the parents be supervised by the Director of Youth Protection as for the frequency and modalities, including the presence of a third party if required; [ 14 ] ORDERS the parents to be and remain sober when in the presence of X; [ 15 ] ORDERS the parents not to expose the child to any form of violence; [ 16 ] ORDERS the parents not to put the child in presence of people who are under the influence of intoxicating substances; [ 17 ] ORDERS the father to be assessed by a NNADAP worker and to follow their recommendations; [ 18 ] ORDERS the mother to be assessed by a professional, for her alcohol-related problem (possibly from [centre A] or [centre B]) and to follow the recommendations of the said professional; [ 19 ] ORDERS the parents to seek help regarding their personal issues and relationship issues; [ 20 ] ORDERS the parents to collaborate with the Director of Youth Protection; [ 21 ] ORDERS the parents to inform the Director of Youth Protection of any change in their situation within 24 hours of this change; [ 22 ] AUTHORIZES all professionals providing services to the child or her parents to share information with the Director of Youth Protection; [ 23 ] ORDER the parents to be actively involved with the child’s medical appointments and follow-ups; [ 24 ] ORDERS the Director of Youth Protection to inform the parents of any medical appointments or follow-ups concerning the child; [ 25 ] ORDERS that aid counselling and assistance be provided to the family for a period of one year; [ 26 ] ORDERS any peace officer to collaborate to the execution of the measures ordered if requested to do so by the Director of Youth Protection or one of its representatives; [ 27 ] ENTRUSTS the situation of X to the Director of Youth Protection for the execution of the Court orders.

Signed in Town A on January 29, 2019 __________________________________ LUCILLE CHABOT, J.C.Q. Mtre Magdalena Lempicka Ferreira Lempicka Attorneys Counsel for the Director of Youth Protection Mtre Yan Massé Centre communautaire juridique A Counsel for the child Mtre Marie-Josée Ayoub Ayoub avocats Inc. Counsel for the mother Mtre Michel Grenier Counsel for the father Date of hearing: January 10, 2019