2011 QCCQ 10714, 2011 QCCQ 10714

Protection de la jeunesse — 112496 2011 QCCQ 10714 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 640-41-001356-119 DATE: May 26, 2011 ______________________________________________________________________ BY THE HONOURABLE JEAN-PIERRE GERVAIS, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A C.Y.P.C., working in city A APPLICANT AND X, born on […], 2010 CHILD AND A MOTHER ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The applicant acting on behalf of the Director of Youth Protection is requiring the Court to declare endangered the security and development of the child X, born on […], 2010. [ 2 ] The mother, although informed of the motion, is neither present nor represented. [ 3 ] At first, she told the person in charge of the case that she was planning to travel from city A to city B for the hearing.

Then, she changed her mind and clearly indicated that she would not be present. [ 4 ] As to the child, he is absent due to his young age but is represented by lawyer. [ 5 ] Summarily expressed, the problem in this case is directly related to the mother’s alcohol abuse circumstances. [ 6 ] She is indeed seriously caught up in the problem to such an extent that frequently, not to say most of the time, she asks other people to take care of her son while she is drinking. [ 7 ] Although family members have supported her and taken care of her son regularly, they are now overwhelmed by the situation and are no longer able to assume responsibility for X. [ 8 ] As to the mother herself, she recognizes some drinking difficulty but does not show a willingness to change.

Therefore, it would be wishful thinking to believe that, on the short term, she could be able to provide for her son. [ 9 ] Deciding not to act would simply mean that the child is left with a mother who could stop taking care of him when she will again be inebriated. [ 10 ] Consequently, the Court’s intervention appears essential to ensure that the security and development of the child are not endangered. [ 11 ] FOR THESE REASONS, THE COURT: [ 12 ] GRANTS the motion; [ 13 ] DECLARES the security and development of X, born on […], 2010, in danger; [ 14 ] ORDERS a placement in foster care of the child for a period of one year with a possibility of reintegration, if the situation allows; [ 15 ] ORDERS that the mother’s access rights to the child be supervised by the D.Y.P. in terms of conditions, frequency and supervision; [ 16 ] ORDERS the mother to be sober when in presence of the child;

[ 17 ] ORDERS the mother to collaborate actively with Youth Protection; [ 18 ] ORDERS that aid, counsel and assistance be provided to the mother for a period of twelve months; [ 19 ] ORDERS the Police force to collaborate in the execution of the order; [ 20 ] ORDERS that the child’s situation be entrusted to the Director of Youth Protection. __________________________________ JEAN-PIERRE GERVAIS, J.C.Q. Me Robert-André Adam Cain Lamarre Casgrain Wells Lawyers for the applicant Me Jean-Claude Latraverse Lawyer for the child Date of hearing: March 29, 2011