2011 QCCQ 5361, 2011 QCCQ 5361

Protection de la jeunesse — 11865 2011 QCCQ 5361 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000396-116 DATE: February 3, 2011 ______________________________________________________________________ BY THE HONOURABLE NANCY McKENNA, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , Youth Protection worker duly authorized by the Director of Youth Protection of the A C.Y.P.C. working in city A.

Applicant -and- X, residing and domiciled in city A, Quebec, district A Child -and- A, residing and domiciled in city A, Quebec, district A Mother -and- B, residing and domiciled in city A, Quebec, district A Father ______________________________________________________________________ JUDGMENT (Sections 38 & 75 of the Youth Protection Act) ______________________________________________________________________ [ 1 ] The Director of Youth Protection asks the Court to declare that the security and development of X, born on […], 2007, in danger according to

section 38(

b) and (

c) of the Youth Protection Act. [ 2 ] The child was absent but represented by a lawyer. The father is present and not represented by a lawyer. The mother is also present and represented by a counsel. THE FACTS [ 3 ] The admissions and the testimony of the petitioner prove, on balance of probabilities the following facts. [ 4 ] The mother and the father are separated. Until the day of the hearing, the mother was the main caregiver for the child. She displays an addiction to alcohol and drugs.

When intoxicated she verbalizes suicidal thoughts which led, during the last few months, to over 10 police occurrences or hospitalizations. [ 5 ] As for the hospitalizations, close medical supervision of the mother was required in order to insure her own safety. This environment is clearly not the most appropriate to provide the child with the adequate supervision and support. [ 6 ] The father lives nearby the mother's house with his common law wife and their young baby.

His cooperation with the Youth Protection services is good. [ 7 ] The mother recognizes that she displays an addiction to alcohol and to a certain extent acknowledges expressing suicidal thoughts. [ 8 ] During the hearing, the mother shows an aggressive attitude towards the father and the Court. This behaviour reflects the fact she feels left alone in the exercise of her parental responsibilities. She wishes the Court would outline the father's failings.

Moreover, she does not accept the involvement of the Director of Youth Protection in her life. [ 9 ] Given the evidence, the Court concludes that the security and development of the child are endangered because there is a serious risk that the mother is not providing her basic needs and proper supervision. However, the evidence is insufficient to conclude that the child is subjected to psychological ill-treatment following

section 38(

c) of the Youth Protection Act. MEASURES APPLICABLE

[ 10 ] On the day of the hearing, the Director of Youth Protection amended the conclusions sought and requested that the child be entrusted to the father. A follow-up by social services is also suggested. [ 11 ] The mother reluctantly accepts the main measures proposed by the D.Y.P. The father is ready and capable of caring full time for his daughter, despite his work and his new family life. [ 12 ] The Court is of the opinion the proposed measures are in the best interest of X. She needs stability and protection. For the moment, her mother cannot protect her properly.

The mother must not view this measure as a punishment but rather as one, which affords her the opportunity to address her alcohol addiction as well as her feelings of obvious distress. [ 13 ] The Court encourages the mother to seek the support of the Director of Youth Protection that can help her recover her parental responsibilities provided that she accepts to collaborate and address the above mentioned issues. [ 14 ] Contacts between the child and the mother must be encouraged in order to preserve the existing bond, on the condition the mother remains sober during those visits. [ 15 ] FOR THESES REASONS, THE COURT: [ 16 ] GRANTS the petition; [ 17 ] DECLARES that the security and development of X, born on […], 2007, are endangered under

section 38(b)

(2) Y.P.A.; [ 18 ] ENTRUSTS the child to the father for a period of four months; [ 19 ] ORDERS that the child attend day care on a regular basis; [ 20 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and the parents for a period of 12 months; [ 21 ] ORDERS that the parents report periodically to the D.Y.P. on the measures applied in their own regard and for their daughter to put an end to the situation in which the security and development of the child are in danger for a period of six months; [ 22 ] TAKES JUDICIAL NOTICE of the mother's intentions and therefore ORDERS that she seek treatment regarding her alcoholism; [ 23 ] RECOMMENDS that the mother receive psychological help at the CLSC of her community; [ 24 ] ORDERS the mother to abstain from consuming or being under the influence of drugs and alcohol when in presence of the child; [ 25 ] ORDERS that the contacts between the mother, the maternal grandmother and the child be supervised by the Director of Youth Protection as to the frequency and modalities; [ 26 ] ORDERS that the petitioner file the birth certificate within a period of 60 days; [ 27 ] ORDERS the police to collaborate in the execution of the present order; [ 28 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing the measures ordered by the Court. __________________________________ NANCY McKENNA, J.C.Q.

M e Robert-André Adam Girouard, Adam & associates Lawyer for the D.Y.P. M e Denis Trottier Legal Aid A Lawyer for the child M e Marie-Claude De Gagné Lawyer for the mother Date of hearing: January 25, 2011