2011 QCCQ 6519, 2011 QCCQ 6519

Protection de la jeunesse — 111517 2011 QCCQ 6519 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001343-109 DATE: April 8, 2011 ______________________________________________________________________ BY THE HONOURABLE JEAN-PIERRE GERVAIS, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection of the centre A, C.Y.P.C., working in A town APPLICANT AND X, born on […], 2001 CHILD AND A MOTHER ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The applicant acting on behalf of the Director of Youth Protection is introducing a motion for protection whereby she is asking that the security and development of the minor child X, born on […], 2001, be declared endangered. [ 2 ] The mother, Ms.

A, is present at the hearing and represented by a lawyer. [ 3 ] The father passed away a few years ago. [ 4 ] Essentially, the facts supporting the motion are based on a situation where the mother is having alcohol problems that are so serious that she can no longer properly fulfill her parental responsibilities. [ 5 ] It appears indeed that, at least on a few occasions when she was highly intoxicated, she would have left her children unattended or would have behaved inadequately. [ 6 ] When the mother is sober, she shows adequate and proper behaviour.

Unfortunately, when she drinks, her behaviour changes to such an extent that the security of the children becomes endangered. [ 7 ] The parties acknowledge the basis for the motion and also that, in the present circumstances; it is fit to declare the security and development of the child in danger.

The observations made by the Court lead to the same conclusion. [ 8 ] The only area of disagreement relates to the length of the proposed foster placement. [ 9 ] On the one hand, the applicant considers that a period of four months is a minimum but, on the other hand, the mother would want a shorter placement. [ 10 ] Taking into account the seriousness of the mother’s problem, the Court judges that it quite hard actually to consider a placement for a period less than four months. [ 11 ] If the situation allows, progressive reintegration with the mother should be made possible, but only if she takes the necessary steps to solve her addiction problem. [ 12 ] FOR THESE REASONS, THE COURT: [ 13 ] GRANTS the motion; [ 14 ] DECLARES that the security and development of X, born on […], 2001, are in danger; [ 15 ] ENTRUSTS the situation of the child, X, to foster care for a period of four months with progressive reintegration with the mother after two months, if the situation allows; [ 16 ] ORDERS that the visits between the child and the mother be supervised by the Director of Youth Protection in term of frequency and modalities in the best interest of the child; [ 17 ] ORDERS the mother to continue meeting with the Social Services;

[ 18 ] ORDERS the mother to meet and cooperate with the Director of Youth Protection and to follow the recommendations concerning her alcohol problem; [ 19 ] ORDERS the mother to submit to a psychological assessment; [ 20 ] ORDERS the mother to follow the recommendations ensuing from the assessment; [ 21 ] ENTRUSTS the situation of the child to the Director of Youth Protection; [ 22 ] ORDERS the police force to collaborate in the execution of the Court orders. __________________________________ JEAN-PIERRE GERVAIS, J.C.Q.

Me Robert-André Adam Cain Lamarre Casgrain Wells Lawyers for the applicant Me Jean-Claude Latraverse Centre communautaire jur. A Lawyers for the child Me Sarah Plamondon Lawyer for the mother Date of hearing: February 8, 2011