2014 QCCQ 8659, 2014 QCCQ 8659

Protection de la jeunesse — 141036 2014 QCCQ 8659 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth Division No: 640-41-001688-131 DATE: February 14, 2014 ______________________________________________________________________ BY THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], y outh protection worker, duly authorized by the Director of Youth Protection A, working in Town A Applicant and X, born […], 2013 Child and A Mother and B Father ______________________________________________________________________ JUDGMENT ( sections 38 and 75 , 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 submitted a motion asking the Court to declare that the security and the development of X are endangered pursuant to subparagraphs ( b )(1)(i), ( b )(1)(ii) and ( b )(1)(iii) of

section 38 of the Youth Protection Act . [1] [ 2 ] The child was not present at Court, but he was represented by counsel. The mother was present and assisted by counsel.

The father was served with a copy of the motion, but was not present at the hearing. [ 3 ] The child was born on […], 2013, and placed in a foster family on November 21, 2013. [ 4 ] The mother admitted the following facts: ➢ The parents have drug and alcohol related problems; ➢ The parents have conjugal violence issues; ➢ The mother often displays violent behaviours; ➢ During her pregnancy, the mother used drugs and alcohol on a regular basis; ➢ On November 9, 2013, the mother returned to the community with her new-born baby; ➢ The same day, Youth Protection had to intervene to place the baby in a foster family because the mother had a fight with the father; ➢ On November 12, 2013, Youth Protection returned the baby to the mother and asked her to go to the clinic because the baby did not seem well; ➢ The baby finally had to be medevaced to the hospital in Town B, notably for problems of dehydration; ➢ On November 20, 2013, the baby returned to the community; ➢ Since that date, the baby has been placed in a foster home;

➢ The mother cooperates well with Youth Protection; [ 5 ] Counsel for the mother and the child admitted that the security and the development of the child are endangered and agreed with the youth protection worker’s recommendations; [ 6 ] The only measure contested was the length of the placement. [ 7 ] FOR THESE REASONS, THE COURT: [ 8 ] GRANTS the motion; [ 9 ] DECLARES that the security and the development of X are endangered under

section 38 ( b )(1)(i), ( b )(1)(ii) and ( b )(1)(iii). [ 10 ] ORDERS that the child be placed in a foster home for six months; [ 11 ] ORDERS that the mother attend and complete an alcohol and drug program within a period of six months; [ 12 ] ORDERS that the father attend and complete an alcohol and drug program within a period of six months; [ 13 ] ORDERS the parents to take parenting classes; [ 14 ] ORDERS that all contact between the parents and the child be supervised by the youth protection workers; [ 15 ] ORDERS that both parents be sober in the presence of the child; [ 16 ] ORDERS that the parents seek help with their attitudes, personal issues and anger; [ 17 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the parents; [ 18 ] ORDERS that the parents cooperate with Youth Protection; [ 19 ] ORDERS the police to cooperate in the execution of this judgment; [ 20 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection A, who shall then see that the measures are carried out. __________________________________ MARC OUIMETTE, J.C.Q.

Mtre. Gabriel Gaudreault Cain Lamarre Casgrain Wells Counsel for the applicant Mtre. Yan Massé Centre communautaire juridique A Counsel for the child Mtre. Claude Beaudet Counsel for the mother Date of hearing: January 16, 2014