2019 QCCQ 11663, 2019 QCCQ 11663

Protection de la jeunesse — 192241 2019 QCCQ 11663 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No: 614-41-000401-184 DATE: January 11, 2019 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker duly authorised by the Director of Youth Protection A APPLICANT and X, born on [...], 2018 CHILD and A MOTHER and B FATHER ______________________________________________________________________ JUDGMENT (section 38 and 91 of the Youth Protection Act ) ______________________________________________________________________ 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, seven months old, are endangered pursuant to

section 38 b) 1 o iii and b) 2 o of the Youth Protection Act . [ 2 ] The parents admit almost all of the allegations of the petition. They do not challenge the recommendation of the Director to place X in a foster home for a period of six months. [ 3 ] The evidence reveals, by the admissions of the parents and the report filed, that the mother has a long history of abusing alcohol and cannabis.

She was able to remain sober during her pregnancy but resumed drinking at the end August 2018. [ 4 ] The mother made all the necessary steps in order to attend treatment at [centre A] in the mother-child program. [ 5 ] She chooses to have with her oldest son, Y, because she was told by the centre that having both of her children will be too difficult and would imperil her progress. [ 6 ] On November 15, the child was removed from the care of the parents.

It was not the first time that the child has to be removed from their care because of their alcohol consumption. [ 7 ] The oldest child has also been placed in a foster home in June 2017 and remains there to this day. [ 8 ] Both parents admit that for the time being they are not able to provide proper care to their children. [ 9 ] As for X, the applicant adds that the birth of the child has never been reported to the Directeur de l’état civil. The mother says that she is currently taking steps in order to rectify the situation. [ 10 ] We have two young parents who are willing to solve their problems.

The mother admits her alcohol drinking problem and she is also willing to attend a long-term treatment program. [ 11 ] Mtre Massé, who acts on behalf of the child, is of the opinion that the six-month placement is in the best interest of the child and hopes that the mother improves her situation in order to be able to recover the care of her child. FOR THESE MOTIVES, THE COURT: [ 12 ] GRANTS the motion;

[ 13 ] DECLARES that the security and development of X, born on [...], 2018, are endangered (38 b) 1° iii) and 38 b) 2° YPA ); [ 14 ] ORDERS the placement of X in a foster family for a period of six months; [ 15 ] AUTHORIZES the reintegration of the child with the mother, in [centre A], as soon as the Portage program allows it and as long as the mother remains at [centre A]; [ 16 ] ORDERS that aid, counselling and assistance be provided to the family for a period of six months; [ 17 ] ORDERS the parents to take the necessary steps to register the birth of X; [ 18 ] ORDERS the mother to attend a treatment centre in a program such as a mother-child program such as [centre A], to follow any recommendation of the professionals and go through the whole treatment; [ 19 ] ORDERS the mother to participate in an aftercare follow-up in order to maintain her new lifestyle; [ 20 ] RECOMMENDS that the father engage with professionals to address his personal issues related to grieving and substance abuse; [ 21 ] ORDERS that access rights between the parents and the child be supervised by the Director of Youth Protection as for the modalities, the frequency and the degree of supervision required; [ 22 ] ORDERS the parents to take an active

part in the measures ordered by the Court; [ 23 ] AUTHORIZES any professionals providing services to the family to share with the Director any information; [ 24 ] ORDERS any peace officer to collaborate to the execution of the measures ordered if required to do so by the Director or one of its representatives; [ 25 ] ENTRUSTS the situation of the child to the Director for the execution of the Court order. Signed in Town A on February 11, 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 Michel Grenier Attorney for the parents Date of hearing: Janurary 11, 2019