2013 QCCQ 14521, 2013 QCCQ 14521

Protection de la jeunesse — 135144 2013 QCCQ 14521 COURT OF QUEBEC Canada PROVINCE OF QUEBEC DISTRICT [...] LOCALITY […] Youth Court Division No: 760-41-004446-137 DATE: June 7, 2013 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BEATRICE CLEMENT, J.C.Q. ______________________________________________________________________ X Born : […], 2004 Child DIRECTOR OF YOUTH PROTECTION OF LE CENTRE DE JEUNESSE A Petitioner -and- A -and- B JC0B11 Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ CAUTION : The Youth Protection Act provides that within the framework of this Act, no person may publish or broadcast information allowing a child or the child's parents to be identified.

Whomsoever contravenes this

article is guilty of an offence and is liable to a fine [articles 11.2.1 and 135 Y.P.A.]. [ 1 ] The Director of Youth Protection presents a motion for protection concerning the child X, born[…], 2004. [ 2 ] The motion alleges that the security and the development of the child are in danger in reason of neglect. The Director proposes the application of protective measures for 9 months while maintaining the child in her maternal environment. [ 3 ] The parties consign their admissions in the Court record and affirm their consent as to the measures. [ 4 ] ANALYSIS AND DECISION [ 5 ] The child lives with her mother. In 2009, the father succumbs to illness.

[ 6 ] The Director of Youth Protection intervenes with the family in 2011. The mother is alcohol dependant. She also struggles with mental health issues (depression and anxiety), for which she receives a follow-up with group A . Since 2010, the mother's depression impedes her full return to the work force. [ 7 ] The mother makes irregular investments in view of resolving her difficulties, which yield only short-term results.

Her recurrent alcohol consumption negatively impacts the recovery of her mental health and concurrently, renders her unavailable to adequately assume her parental responsibilities. [ 8 ] She presents inappropriate responses to her daughter's behaviours, fails to provide adequate supervision or a structured home environment. [ 9 ] The child is witness to her mother's relapses and assumes a protective role. She worries for her mother's health and safety.

She needs constant reassurance and fears for the future. [ 10 ] In November 2011, an agreement on voluntary measures intervenes with the Director of Youth Protection for a period of 8 months. As well as measures of aid and support, the parties agree to entrust the child to the care of her maternal grandmother until December 31, 2011. There is a renewal of the agreement for an additional period of one year, namely until July 10, 2013. [ 11 ] In January 2013, the mother commences meetings with Alcoholics Anonymous.

She collaborates with the intervention and shows increased comprehension of her daughter's needs and development. The progress is encouraging, but remain major challenges to meet before the family dynamic can be considered as meeting the child's psychological, affective and social needs. [ 12 ] The present measures serve to shoulder the mother's efforts to address the personal issues that adversely affect her ability to fully meet her parental obligations and remain available for her daughter.

Furthermore, only the passage of time will confirm the mother's capacity to integrate the change necessary to adequately meet her parental role. [ 13 ] The evidence convinces the Court that the security and the development of the child are in danger and that it is appropriate that she benefit from the application of protective measures. [ 14 ] As well as receiving the approval of the parties, the Court estimates that the recommendations respect the rights and the best interests, of the child. [ 15 ] FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the motion; [ 17 ] DECLARES that the security and development of the child are in danger in reason of educational neglect (article 38 b) 1) iii) of the Youth Protection Act ); [ 18 ] MAINTAINS the child with her mother; [ 19 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the child and her family for a period of 9 months; [ 20 ] ORDERS that the child and her mother take an active part and be engaged in the application of the measures ordered; [ 21 ] RECOMMENDS that the mother continue to take an active

part in a follow-up as to her alcohol consumption problem; [ 22 ] ENTRUSTS the situation of the child to the Director of Youth Protection of the centre jeunesse A for the execution of the measures. __________________________________ BEATRICE CLEMENT, J.C.Q. Me Caterine Caron Attorney for the Petitioner Me Karine P. Poissant Attorney for the child Date of hearing: June 7, 2013