2016 QCCQ 9816, 2016 QCCQ 9816

Protection de la jeunesse — 164239 2016 QCCQ 9816 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001984-167 DATE: July 4 th , 2016 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X , born on […], 2003 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of youth protection of the A C.Y.P.C., working in City A, District A Applicant and A, residing and domiciled in City A, District A Mother ______________________________________________________________________ JUDGMENT (

section 38 , 75 AND 91 of the Youth Protection Act , R.S.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 (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection of A C.Y.P.C. asks the Court to declare the security and development OF X, born on […], 2003, endangered because of the serious risk of neglect and because she is victim of bodily injury or is subjected to unreasonable methods of upbringing by her mother, in regards of sections 38 b (2) and e (1) of the Youth Protection Act . [ 2 ] At the hearing, the mother is present and assisted by Me Angela Tommasel.

Me Nicolas Welt represents the child and Me Donald Bourget the applicant. The father is deceased. [ 3 ] Following the admissions done by the mother, the previous voluntary measures filed and the testimony of Mrs [Social Worker 1], the Court declares the security and development of X endangered for the alleged motives. [ 4 ] The child was victim of an important physical abuse by her mother on February 13 th , 2015. The mother was arrested following that event and is facing criminal charges. Since, the child is very afraid of her mother when she drinks.

The mother displays alcohol related problems and is unable to provide a safe and secure environment to X. The child lives mostly at her paternal grandmother’s household. Even if she signed voluntary measures, the evidence reveals that she is not very collaborative. Since several weeks, the Youth Protection worker tried to meet her without success as the mother was intoxicated or unavailable. [ 5 ] The child usually lives at her paternal grandmother’s place but sometimes also goes at her maternal grandmother’s house.

At one point, nobody is able to control the whereabouts of the child. [ 6 ] X needs to be structured, particularly since her brother’s death. She has to be taken care of, to be supported, to communicate openly with her mother and grandmother. The mother has to seek help for her issues. She is now ready to collaborate with the social worker. She has good parental capacity when sober and has good relationship with her daughter. [ 7 ] Consequently, a short placement should be sufficient for the mother to make changes in her way of life and particularly to quit consuming alcohol.

After working intensively on her own issues, she will be more receptive to her daughter and to the counselling that will be provided by the educator and the social worker. FOR THOSE MOTIVES, THE COURT: [ 8 ] GRANTS the petition;

[ 9 ] DECLARES that the security and development of X, born on […], 2003, are in danger; [ 10 ] ORDERS the placement of the child in a foster family for a period of four months; [ 11 ] RECOMMANDS that the child be placed with her paternal grandmother accredited as a foster family; [ 12 ] ORDERS the mother to seek help through the social services or any other organization concerning her alcohol issues; [ 13 ] ORDERS the Director of Youth Protection to provide the services of an educator to the child and her mother for a period of eight months, starting with the progressive reintegration; [ 14 ] RECOMMANDS the Director of Youth Protection to

schedule a meeting between the mother, the child, the paternal grandmother and the social worker to determine the rules the child must follow for the next year; [ 15 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the child and her mother for one year; [ 16 ] ORDERS the mother and the child to meet regularly by with the social worker; [ 17 ] ORDERS the police to collaborate in the execution of the present judgment; [ 18 ] ENTRUSTS the situation of the child to the Director of Youth Protection of A C.Y.P.C. for the purpose of executing the measures ordered by the Court. __________________________________ Denyse Leduc, J.C.Q.

Me Nicolas Welt Attorney for the children Me Donald Bourget For the applicant Me Angela Tommasel For the mother Date of hearing: May 24 th , 2016