2021 QCCQ 12973, 2021 QCCQ 12973

Protection de la jeunesse — 217199 2021 QCCQ 12973 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No: 614-41-000748-212 DATE: October 1, 2021 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A Applicant And X, born on [...], 2021.

Child And A Mother ______________________________________________________________________ JUDGMENT (Sections 38 and 91of the Youth Protection Act, ch. P-34.1 CQLR ) ______________________________________________________________________ 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 presents an application asking the Court to declare as endangered the security and development of X, one month old, in regard to paragraphs

a) and b) 2° of

section 38 of the Youth Protection Act . [ 2 ] The mother, duly served, is not present in court. The Social Worker testified that the mother was aware of the court date. The mother posted a picture on Facebook at 1 a.m. on the day of the hearing and from that, we can see that she was drinking with friends. It explains both her absence and the motives alleged by the Director of Youth Protection. [ 3 ] The Court proceeds in her absence. Mtre. Yan Massé acts on behalf of the young child and Mtre.

Adelia Ferreira on behalf of the applicant. [ 4 ] The mother has 4 other children that were all removed from her care due to her substance abuse problem. [ 5 ] The mother has a history of drug and alcohol consumption and she does not have a stable place where to live.

She is going from home to home. [ 6 ] The mother admitted that she drank and used speed during her pregnancy and only stopped a few weeks before giving birth. [ 7 ] The child was removed from the mother’s care upon his discharge from the hospital and was entrusted to a foster home on [...], 2021, under immediate protective measures. [ 8 ] As the mother returned to the community on August 14, she accepted to go to live at the women’s shelter.

Consequently, on August 16, the mother signed a provisional agreement whereby the child was entrusted to her at the condition that she continue to reside at the women’s shelter. [ 9 ] During the night between August 23 and 24, around 2 a.m., the mother left the shelter alone, leaving the child unattended.

She said that she couldn’t take care of him and that she had cravings. [ 10 ] The child was then entrusted to a foster family. [ 11 ] The mother does not collaborate with the Director of Youth Protection. [ 12 ] Even though she stated that she would undergo a treatment program and counselling, she hasn’t taken any steps to this day. She

said that she would go meet with the case worker, but never showed up. [ 13 ] In short, this is a case of abandonment. [ 14 ] The Director of Youth Protection recommends a placement for a period of 9 months and if the mother does not take steps very rapidly in order to solve her longstanding substance abuse problem, a life plan will be secured for the child. The Court will order a 6 month placement. This period of term is long enough to see if the mother mobilized herself to change her lifestyle. [ 15 ] The child is currently living with an older sibling who is placed in a foster family until the age of majority.

FOR THESE MOTIVES, THE COURT: [ 16 ] GRANTS the application; [ 17 ] DECLARES that the security and development of X, born on, 2021, are endangered because the mother failed to provide the child care, maintenance and education (abandonment) and due to her drinking, serious risk of neglect (Section 38

a) and b) 2° of the Youth Protection Act ); [ 18 ] ORDERS the placement of X in a foster family for a period of 6 months; [ 19 ] ORDERS that contacts between the mother and the child be supervised by the Director of Youth Protection as for the frequency, modalities, the supervision of third party and take place only if the mother is able to show regularity in the exercise of these contacts; [ 20 ] ORDERS the mother to attend and complete treatment program to address her alcohol and substance abuse issues and to engage in aftercare services; [ 21 ] ORDERS the mother to actively engage herself in [Community A] Centre A and Wellness Society services; [ 22 ] ORDERS that the mother be and remain sober at all times when in presence of the child; [ 23 ] ORDERS the mother not to put the child in presence of people who are under the influence of intoxicating substances; [ 24 ] ORDERS the mother to collaborate with the Director of Youth Protection and inform promptly of any change of address; [ 25 ] ORDERS the Director of Youth Protection to secure a life plan for the child if the mother does not rapidly take steps in order to solve her problems; [ 26 ] ORDERS that aid, counselling and assistance be provided to the family for a period of 6 months; [ 27 ] ORDERS any peace officer to collaborate with the execution of the Court orders if requested to do so by the Director of Youth Protection or one of its representatives; [ 28 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Adelia Ferreira Ferreira Lempicka Attorneys Lawyer for the applicant Mtre. Yan Massé Legal Aid Lawyer for the child Date of hearing: October 1, 2021