2016 QCCQ 18540, 2016 QCCQ 18540

Protection de la jeunesse — 169495 2016 QCCQ 18540 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] « Youth Division » N° : 525-41-031749-161 DATE : November 16, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2004 child and A B (deceased) parents ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act (R.S.Q. c. P-34.1) and interim measures ______________________________________________________________________ Warning : The Youth 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.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on November 16, 2016. [ 2 ] Up until October 21 2016, the child was residing with the mother. [ 3 ] On that date, immediate protective measures were invoked and the child was placed in a foster family. [ 4 ] On October 24, 2016, the Tribunal maintained the child in a foster family for a period not exceeding 30 days. [ 5 ] The Director of Youth Protection (the Director) is now alleging that there is a serious risk that the mother is not providing for the child’s basic needs and that the mother is failing to provide the child with the appropriate supervision or support. [ 6 ] As the mother is planning to take

part in an in-patient rehabilitation program, the Director recommends that interim measures be put in place and that the child remain in a foster family. [ 7 ] The mother acknowledges the situation of neglect and is in agreement with the proposed plan. Question in litigation [ 8 ] Does the proposed plan respect the rights and interest of the child? Context [ 9 ] The child confirmed missing school as a result of his mother not feeling well. He also missed school as he did not have money to take the bus. [ 10 ] The mother experiences signs of depression. She recognizes the impact this has on the child.

The mother has tried to address her issues, but to no avail. [ 11 ] The mother confirmed consuming beer approximately two times per week. When drinking, she could have up to twelve bottles in one night. She’s open to receive support in order to stabilize her emotional situation and her drinking issues. [ 12 ] The mother has insight into her behaviours and how this has impacted the children’s stability. [ 13 ] Since the Director’s involvement, the mother has stopped drinking and has scheduled a meeting with a rehabilitation centre in a

City. This in-patient rehabilitation program will run from January 9 to February 16, 2017. As an alternative, the mother is also considering a rehabilitation program in B City. She contacted the A Shelter to inquire about further support. She has gone to Alcohol Anonymous meetings. [ 14 ] The mother is motivated and willing to address her personal issues. She actively collaborated with the youth protection worker. The mother will now need to maintain this motivation and follow through with the recommendations. [ 15 ] The child demonstrated a strong bound with his sibling and with the mother.

He feels comfortable in his foster family, but would like to return home as soon as the situation allows. [ 16 ] The Tribunal is of the opinion that the proposed interim measures respect the child’s rights and best interest. THEREFORE AND FOR THESE REASONS, THE COURT: [ 17 ] DECLARES that the security or the development of the child is in danger; [ 18 ] SETS the continuation of the hearing on March 1, 2017 in room 2.06 in front of the undersigned; [ 19 ] In the meantime: [ 20 ] ORDERS that the child remain in a foster family; [ 21 ] RECOMMENDS that the mother continue to take steps to take

part in an in-patient alcohol rehabilitation program and to continue to engage in services in regard to her addiction; [ 22 ] ORDERS that the frequency and modality of contacts between the child and his mother be determined by the Director of Youth Protection including supervision if necessary and that they be encouraged; [ 23 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the child and his family; [ 24 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Signed on November 23, 2016 /cd Mtre Heidi Lechter Counsel for the Director of Youth Protection Mtre Alexandra Olshefsky Counsel for the child Date of hearing: November 16, 2016