2018 QCCQ 16152, 2018 QCCQ 16152

Protection de la jeunesse — 187166 2018 QCCQ 16152 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000587-185 DATE: August 8, 2018 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2007 Child and A Mother/Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 family has a long history of problems due to the mother's personal issues. There is a lack of structure and stability at home. Services were put in place through the years, but the mother does not involve herself actively to cooperate with the professionals. [ 2 ] The director of youth protection (DYP) submits that the security and development of the child are in danger and asks that she be entrusted to a friend of the family. [ 3 ] The mother's spouse is in and out of jail.

He currently lives with the mother. Their relationship, however, is stormy. They argue in front of the children, which scares them. There is violence at home. [ 4 ] The mother and her spouse have financial problems. They are unable to provide the children with enough food and a proper home. [ 5 ] There are also concerns with hygiene in the house.

The youth protection delegate has observed piles of laundry on the floor, dirty dishes and empty food containers all over the cupboards and tables. [ 6 ] A family friend often takes care of the children, since the mother cannot meet their basic needs. [ 7 ] Moreover, there are concerns in school regarding the oldest girl's hygiene. As for the young boy, he was suspended from school for 2 days, last April, because he punched another student in the face. [ 8 ] The mother says she is willing to cooperate with social services.

However, she is difficult to reach. [ 9 ] The evidence convinces the Court that the children suffer from neglect. The measures suggested by the DYP are appropriate in their best interest. WHEREFORE, THE COURT:

[ 10 ] GRANTS the application for protection; [ 11 ] DECLARES that the security and development of X are considered to be in danger according to

section 38b)ii of the youth protection act ; [1] ORDERS that the child be entrusted to Mrs.

B until February 28, 2019; [2] RECOMMENDS that the mother submit herself to random drug testing; [3] RECOMMENDS that the mother seek counselling for her personal issues; [4] ORDERS that the mother report to the DYP on a regular basis; [5] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and her family until February 28, 2019; [6] ENTRUSTS the situation of the child to the director of youth protection of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment; [7] ORDERS the parties to abide by the present order. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Réal Grenier for the child Mrs. A the mother (absent) Written judgment filed on September 11, 2018