2013 QCCQ 4752, 2013 QCCQ 4752

Protection de la jeunesse — 13729 2013 QCCQ 4752 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division NO: 640-41-001528-121 DATE: February 14, 2013 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth protection of the A Board of Health and Social Services of James Bay PETITIONER AND X Born on […], 2012 CHILD AND A MOTHER ______________________________________________________________________ JUDGMENT (Sections 38 and 91 of the Youth Protection Act , chap.

P-34.1 R.S.Q. ) ______________________________________________________________________ [ 1 ] The Director of Youth Protection submits a motion asking the Court to declare that the security and the development of X are endangered pursuant to

section 38 paragraphs a), b), and

c) of the Youth Protection Act . [ 2 ] M e Marianne Gagnon-Bourget represents the petitioner. M e Claude Beaudet acts on behalf of the child and M e Daniel Ouellette, on behalf of 7the mother. [ 3 ] Despite the fact that she was aware of the hearing, the mother is not present in court. She was reminded of the court date by the Social Worker two day before the hearing. Information was transmitted that the mother left her mother's place two days ago and would be in A.

It is not the first time that the mother leaves without giving any information as for her whereabouts. [ 4 ] The Court grants the request of the Director of Youth Protection to proceed in the absence of the mother. [ 5 ] With the reports filed and the testimony of the petitioner, the Court has preponderant evidence of the following facts: − The mother displays alcohol and drug related problems; − Presence of cocaine was found in the blood of the newborn following the test performed after his birth; − The mother has been diagnosed with schizophrenia and she is described as having poor judgement and unpredictable behaviour; − During her pregnancy, the mother did not have a regular medical follow-up; − The mother often wanders around the community day and night; − The Social Worker informed her of the Director of Youth Protection's recommendations, but the mother did not react; − An assessment of the grandmother as foster family was done and is not positive; − The grandmother is overwhelmed with her own situation; − The house is currently overcrowded; − The grandmother states that the mother gets easily frustrated and, when this happens, she has little control over her daughter; − The mother cannot be left with the newborn because of her reactions; − The newborn presents withdrawal symptoms and will present these symptoms for a few more weeks.

With these symptoms, the mother is at risk to get frustrated and this would put the child in danger.

[ 6 ] Therefore, the Court: [ 7 ] GRANTS the motion; [ 8 ] DECLARES that the security and development of X are endangered pursuant to

section 38 paragraphs a), b), and

c) of the Youth Protection Act ; [ 9 ] ORDERS the placement of the child in a foster family for a period of six months; [ 10 ] ORDERS that the mother take the necessary steps to put an end to the situation that endangers the situation of X; [ 11 ] ORDERS that the mother collaborate with A Social Services and follow their recommendations; [ 12 ] ORDERS that the mother's access rights be supervised by the Director of Youth Protection as for the modalities and the frequency; [ 13 ] ORDERS that the grandparents' visitation rights be supervised by the Director of Youth Protection as for the modalities and the frequency; [ 14 ] ORDERS the Director of Youth Protection to perform an assessment of the parental capacities of the mother, assessment to be done by a psychologist; [ 15 ] ORDERS that the mother collaborate with a psychiatric follow-up; [ 16 ] ORDERS that the mother report to the Director of Youth Protection at least twice a month on the measures she applies in her own regard to put an end to the situation that endangers the security and the development of the child; [ 17 ] ORDERS any police force 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; [ 18 ] ENTRUSTS the situation of X to the Director of Youth Protection for the purpose of the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

M e Marianne Gagnon-Bourget Lawyer for the petitioner M e Claude Beaudet Lawyer for the Child M e Daniel Ouellette Lawyer for the mother Date of hearing: December 20, 2012