2013 QCCQ 9940, 2013 QCCQ 9940

Protection de la jeunesse — 132763 2013 QCCQ 9940 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001558-136 DATE: May 10, 2013 ______________________________________________________________________ BY THE HONOURABLE NANCY McKENNA, J.C.Q. ______________________________________________________________________ [ INTERVENANT 1], Youth Protection worker duly authorized by the Director of Youth Protection of A . working in City A Applicant -and- X, residing and domiciled in City A , Quebec, district A Child -and- A, residing and domiciled in City A , Quebec, district A Mother ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] After the filing of a motion asking the Court to declare the security and development of X , born on […] in danger, the parties submitted to this Court a draft agreement on measures to put an end to the situation that compromises the security and the development of the child. [ 2 ] The child and the mother were both represented by their lawyers.

Due to his young age the child was absent. [ 3 ] The draft agreement states that the consent of the parties was given in a free and enlightened manner. The parties acknowledge the following facts which endanger the security and the development of the child: 2.1. The mother displays alcohol related problems; 2.2. The mother consumed regularly alcohol during her pregnancy; 2.5. On March 5, 2013, the mother was found highly intoxicated at the A Airport while the baby was on her back; 2.6. The airline, Air Inuit, refused to let the mother on the plane as she was too intoxicated; 2.7.

The mother was brought back to the [A organism] in City of B ; 2.8. The Youth Protection took immediate protective measures regarding the child; 2.9. The mother left the [A organism] and came back later still highly intoxicated; 2.10. The mother was brought at the isolation and the [A organism] security found 8 bottles of alcohol in her luggage; [ 4 ] They also agree on several measures in order to put an end to the situation which endangers the child's security and development: 3.1. That the security and development of X be deemed compromised under

Article 38, paragraph b) 1) iii of the Youth Protection Act; 3.2. That X be entrusted in foster care for a period of six (6) months with a reintegration with the mother if the situation allows it; 3.3. That contacts between the mother and the child be supervised by the Youth Protection in terms of modality and frequency, or that these contacts be supervised by a third party chosen by the Youth Protection; 3.4. That the mother takes an active

part in the application of the measures by taking tangible steps to work on her alcohol addiction problems;

3.5. That the mother collaborates with the Department of Youth Protection; 3.6. That the mother be sober in the presence of the child; 3.7. That aid, counsel and assistance be provided to the child and his family for a period of 12 months; [ 5 ] The Court is of the opinion that these measures are likely to put an end to the situation and respect the rights and interest of the child. [ 6 ] FOR THESE REASONS, THE COURT: [ 7 ] ORDERS the implementation of the measures mentioned in the draft agreement signed by the parties on April 23, 2013. __________________________________ NANCY McKENNA, J.C.Q.

M e Robert-André Adam Cain Lamarre Casgrain Wells Lawyer for the D.Y.P. M e Cassandra Neptune Legal Aid A Lawyer for the child M e Angèle Tommasel Lawyer for the mother Date of hearing: April 30, 2013