2019 QCCQ 16167, 2019 QCCQ 16167

Protection de la jeunesse — 195546 2019 QCCQ 16167 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] Youth Division No: 614-41-000451-197 DATE: August 23, 2019 ______________________________________________________________________ PRESIDED BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2007 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the […] Health and Social Services […], working in Town A, district A Applicant and A, residing and domiciled at an unknown location in Town B, QC Mother and B, (Deceased) Father ______________________________________________________________________ JUDGMENT ( Sections 38 and 91 Youth Protection Act, L.R.Q. c.

P-34.1 ) ______________________________________________________________________ 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 (section 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection of the […] Health and Social Services […] (the Director) submits to the Court an application asking that the security and development of X born on […], 2007, be declared endanger in regard of

section 38 A and B (1i) (1iii) of Y.P.A. [ 2 ] At the hearing the child is present with her lawyer Me Ian Massé. Me Magdalena Lempicka represents the Director. The mother is absent even if duly served. The court accepts to proceed in the mother’s absence because it is the child’s wish and she does not believe that her mother will attend even if the hearing is postponed. [ 3 ] Most of the allegations are admitted by the child and she agrees with the recommendations mentioned in the social report.

The social worker testifies and completes the evidence. [ 4 ] It is proved that the child’s father died in 2018 and since the mother does not assume her parental responsibilities towards X. During the fall 2018 the mother went with her daughter in Town B, to be with her boyfriend and the child did not attend school there. In February the mother returned X to Town A to live with the child’s older sibling who is 24 years of age. The brother cannot provide supervision to his sister, working from 9 h 00 am to noon and then from 5 h 00 pm to 8 h 00 pm each day. [ 5 ] Without any supervision, the child misbehaved.

She smoked cigarettes, stole from people, was not always in school, spent lot of time with friends. She did not have anyone to wake her up in the morning, to prepare her breakfast, and lunch for school. [ 6 ] The child’s brother recognized he is not in position to care for his sister and provide her the supervision she needs. [ 7 ] The mother cannot be easily reach. She has a facebook/messenger account and message can be left to her. [ 8 ] Before deciding to live her life with her boyfriend and have some fun, the mother was neglecting the child.

While the father’s hospitalisation in Town C, the mother and the child spend time there, and the child did not attend school there. [ 9 ] The mother has personal issues and she does not seek for services. As for X, the mother is struggling with the loss of her husband, but both do not open up on their emotions. [ 10 ] Considering the evidence and the child’s agreement with the recommendations; FOR THOSE MOTIVES, THE COURT:

[ 11 ] DECLARES the security and development of X on danger for abandonment and neglect (38 A and B (1i, iii) Y.P.A.; [ 12 ] ORDERS her placement in a foster home for one year; [ 13 ] ORDERS the Director to provide the child the psychological and therapeutic services she might needs; [ 14 ] ORDERS the Director to supervise the visits of the mother to the child, and to the siblings (frequency, duration and degree of supervision); [ 15 ] ORDERS the Director to provide aid, counsel and assistance to the child and her mother for one year; [ 16 ] ORDERS the mother to report to the Director at last once a month and to follow the recommendations; [ 17 ] ORDERS the police officers to collaborate with the execution of the present court order; [ 18 ] ENTRUSTS the child’s situation to the Director of Youth Protection for the execution of the present enactment. __________________________________ DENYSE LEDUC, J.C.Q.

M e Ian Massé Attorney for the children M e Magdelena Lempicka Attorney for the applicant Date of hearing: July 29, 2019