2018 QCCQ 18998, 2018 QCCQ 18998

Protection de la jeunesse — 1810232 2018 QCCQ 18998 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 614-41-000387-185 DATE: December 21, 2018 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2017 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A, residing and domiciled in [...] Mother and B, residing and domiciled at [...] Father ______________________________________________________________________ JUDGMENT (sections 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 a (the Director) submits to the Court an application to declare the security and development of X in danger because of the parents neglect towards him, the serious risk of neglect and psychological ill-treatment (sections 38 b) 1 o iii, 2 o and

c) of the Youth Protection Act ). [ 2 ] The mother is present at the hearing represented by Me Yan Massé. The father is absent even if served. Me Marie-Josée Ayoub represents the child and Me Adelia Ferreira, the applicant. [ 3 ] The allegations in support of the motion are mostly admitted and the mother agrees with the measures except for the duration. As it is a very young child, as she herself receiving services from the Director, because of

section 91 of the Youth Protection Act, she accepts the suggested measures but only for six months. [ 4 ] The evidence reveals the following facts. [ 5 ] The parents are separated and X lives with his mother in the foster home where she is placed until her majority. It is the foster home of her grandmother, the great-grandmother of X. The father does not have regular contact with the child. [ 6 ] Last August 2018, the mother stabbed the father during an argument while both of them were intoxicated. The mother was arrested and is facing charges with regards to this incident.

She has conditions to respect. [ 7 ] The mother remained sober until October but she resumed drinking last October. The child was left alone in the mother’s bedroom. The mother was going out without notifying the foster mother. She was not respecting the rules. Sometimes there was a strong smell of marijuana in the mother’s room when her friends were there. [ 8 ] Since October 31, 2018, X is under the care of his great-grandmother in the foster home.

The mother first sign voluntary measures but she subsequently refused and provisional measures were ordered. [ 9 ] The father lives with his parents and drinks regularly. [ 10 ] The evidence reveals that the mother is unstable and immature. She does not provide all the child needs. She often relies on an adult living with her, at her grandmother’s home, to provide all the baby's care. [ 11 ] The mother still has personal issues and she agrees to meet with a psychologist. She loves her son and would like to assume him alone.

[ 12 ] The social worker never evaluates the bonds between the mother and X. She never observed them together. She is aware that the mother is not always pleased with the grandmother decisions but never investigate. [ 13 ] The mother was offered in court of the possibility for her to attend a center where she could seek services for her own issues including consumption of alcohol and meanwhile would develop her parental capacities.

The mother agrees with such placement and will make all steps to attend such center in January 2019. [ 14 ] The father refused to meet with the social worker and to discuss the situation. [ 15 ] Considering the willingness of the mother to seek for specialised services, the Director should provide the mother those services. After a period of six months, the Court will review the situation and evaluate the mother’s improvement.

CONSIDERING THE WHOLE EVIDENCE, THE COURT: [ 16 ] GRANTS the motion; [ 17 ] DECLARES that the security and development X, born on [...], 2017, endangered in regards to paragraphs b) 1 o iii, 2 o and

c) of

section 38 of the Youth Protection Act ; [ 18 ] ORDERS the placement of the baby in a foster family for six months and RECOMMENDS the foster home of his great- grandmother where lives his mother; [ 19 ] AUTHORIZES the baby to integrate with his mother, if she attends a therapy center such as [Center A] or Portage, in the mother-child program and remains there until the end of the therapy.

Otherwise, the child will return in foster family; [ 20 ] ORDERS the mother to meet regularly with a psychologist for the next six months; [ 21 ] ORDERS the Director to supervise the contacts between the father and the child; [ 22 ] ORDERS the Director to provide aid, counsel and assistance to the child and his parents for six months; [ 23 ] ORDERS the mother to receive services to increase her parental capacities; [ 24 ] ENTRUSTS the situation of the child to the Director who shall then see that the measures are carried out. __________________________________ DENYSE LEDUC, J.C.Q.

Me Marie-Josée Ayoub Attorney for the child Me Adelia Ferreira Attorney for the applicant Me Yan Massé Attorney for the mother Date of hearing: December 13, 2018