2012 QCCQ 19079, 2012 QCCQ 19079

Protection de la jeunesse — 128183 2012 QCCQ 19079 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division NO: 640-41-001485-124 DATE: September 6, 2012 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A Board of Health and Social Services of A PETITIONER AND X Born on […], 1999 YOUTH AND D MOTHER AND E FATHER ______________________________________________________________________ JUDGMENT (Sections 38 and 91 of the Youth Protection Act ) ______________________________________________________________________ [ 1 ] The Director of Youth Protection submits a petition under

section 38 asking that the security and the development of X, thirteen years old, be declared endangered. [ 2 ] At the hearing, M e Daniel Ouellette acts on behalf of X. The mother is present but she is not represented by counsel.

The father, duly served, is not present. [ 3 ] The mother admits all of the allegations of the petition, which are: 4.1 The Youth Protection is involved in the life of the family since 2011; 4.2 The mother and her spouse F display alcohol and conjugal issues (sic) related problems; 4.3 The mother and her spouse left the children on many occasions without proper supervision; 4.4 The youth Y displays behavior problems, notably, he is consuming alcohol and drugs regularly; 4.5 On June 23, 2012, the Youth Protection had to intervene as the children X, Z, A and B were left alone without proper supervision; 4.6 The mother and her spouse were both highly intoxicated; 4.7 The mother was found walking around in the community with the child C (sic) in her arms; 4.8 During the intervention, the mother was displaying aggressive behavior towards the Youth Protection worker (sic); 4.9 The children were placed in foster home; 4.10 On the same day, the police had to intervene with the youth Y as he was found highly intoxicated outside of City A; 4.11 The Social Emergency worker (sic) picked up the youth in City A in order to place him at the Rehabilitation Center; 4.12 During the process of admitting the youth at the rehabilitation (sic) Center, the youth Y ran away; 4.13 On June 28, 2012, the mother signed a provisional agreement regarding the children as it appears from a copy of the provisional agreement, filed as Exhibit D-2 ;

4.14 On August 2, 2012, the children were reintegrated under the care of the mother under conditions; 4.15 The collaboration of the mother with the Youth Protection Worker is regular; [ 4 ] She also agrees with the measures recommended by the Director of Youth Protection. [ 5 ] Because of the admissions made by the mother, M e Ouellette declares that the family is in a situation covered by

section 38 of the Youth Protection Act and that the Court should declare the security and the development of his young client endangered. The measures recommended are likely to put an end to the situation and are in the best interest of his young client. He adds that unannounced visits should be permitted by the Court. [ 6 ] During the last weeks, the mother took steps to refrain from consuming alcohol. Her spouse did the same. [ 7 ] The father lives in another community.

Despite this fact, he provides assistance and support for the mother in the exercise or her parental authority over X. [ 8 ] X is described as very sociable, always participating in the community events. But, lately, she was seen under the influence of drugs.

Services must be provided to X in order to prevent behavioural disturbances. [ 9 ] With the admissions made by the mother, the report filed, the Court is satisfied that the motion should be granted. [ 10 ] FOR THESE MOTIVES, THE COURT: [ 11 ] GRANTS the motion; [ 12 ] DECLARES that the security and the development of X, born on […], 1999, are endangered pursuant to sections 38

b) and

c) of the Youth Protection Act (negligence and psychological ill-treatment); [ 13 ] ENTRUSTS X to her mother; [ 14 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to X and her family for a period of one (1) year; [ 15 ] ALLOWS the Director of Youth Protection or one of its representatives to make unannounced visits to the family; [ 16 ] ORDERS that the mother continue to collaborate with the A CLSC department for as long as deemed necessary by the professional providing these services; [ 17 ] ORDERS that the mother be and remain sober when in presence of X; [ 18 ] ORDERS the mother not to put X in presence of people under the influence of alcohol or other intoxicating substances; [ 19 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of the execution of the court orders. __________________________________ LUCILLE CHABOT, J.C.Q M e Marianne Gagnon-Bourget Lawyer for the petitioner M e Daniel Ouellette Lawyer for the youth D Mother Date of hearing: August 22, 2012