2019 QCCQ 15155, 2019 QCCQ 15155

Protection de la jeunesse — 1911745 2019 QCCQ 15155 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] “Child Division” N° : 640-41-002360-193 DATE : October 10, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ DIRECTOR OF CHILD PROTECTION and X Born on […], 2017 and A Mother ______________________________________________________________________ JUDGMENT

Section 38 of the Child Protection Act ( R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Child Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). Introduction [ 1 ] In accordance with the requirements of

section 90 of the Child Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on October 10, 2019. [ 2 ] The Court is seized of an application presented by the Director of child protection (DYP), requesting that the security and development of the child be declared in danger for neglect in terms of educational need in the maternal environment (section 38 b) 1 iii) of the Youth Protection Act ), as expressed in the motion. [ 3 ] Consequently the DYP asks the Court to entrust the child to a foster family, as well as other measures to improve the situation.

Question in litigation [ 4 ] Are the security and development of the child compromised? In the affirmative, do the recommended measures answer her needs and are they in her best interest?

Context and Analysis [ 5 ] The lifestyle of the mother is not appropriate for the child. [ 6 ] On 11 occasions in the last months, the child was entrusted to her grandmother or a foster family, as the mother was intoxicated. [ 7 ] It is Y, the older sister of 14 years old who called DYP on May 4 th because the mother, who was intoxicated, left the two child alone at home. [ 8 ] DYP mentions that when sober, the mother have good parental capacities. Mother recognized her situation and her need for

help. After 6 years of sobriety, 3 years ago, she relapses. [ 9 ] Now, she will soon start a follow up with Social Services once a week, as she met with the addiction worker once in August. [ 10 ] After taking into consideration the documentary evidence, the testimonies and the position of the parties, the Court finds that the evidence is sufficient to declare that security and development of the child are in danger and that the measures suggested meet her needs and deemed to be in her best interest. THEREFORE AND FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the application ; [ 12 ] DECLARES that the security and development of X are compromised under

section 38 b)(1)(iii) of the Youth Protection Act ; [ 13 ] ENTRUSTS X in a foster home; [ 14 ] TAKES judicial notice that the foster family will be for now, the maternal grandmother C; [ 15 ] TAKES judicial notice that if the grand-mother becomes overwhelmed X shall be placed in another foster family home; [ 16 ] ORDERS that X reintegrate into the mother’s care when and if the situation allows, and if the mother is sober; [ 17 ] ORDERS the mother to be sober when in the presence of the child; [ 18 ] ORDERS the mother report in person, at regular intervals, to the Director to inform him on the measures she applies in her own regard to put an end to the situation; [ 19 ] ORDERS that the mother take an active part with the application of the measures the Director of Youth Protection; [ 20 ] ORDERS that the contacts between the child and the mother be determined by the director .Since the mother lives with her mother, she will have to inform DYP of her leaving the household if required; [ 21 ] ORDERS the mother to continue a follow up with the Social Services and begin a follow up with an addiction worker as soon as possible; [ 22 ] ORDERS that a person working for an institution or a body provides aid, counsel and assistances to the child and the family; [ 23 ] ENTRUSTS the situation of the child to the DYP who shall then see that the measures are carried out; THE WHOLE until May 1st, 2020. ___________________________________ Dominique Wilhelmy, J.C.Q.

Signed on Mtre Robert André Adam Counsel for the Director of Child Protection Mtre Éliane Villemur Counsel for the child Mtre Angèle Tommasel Counsel for the mother