2017 QCCQ 11826, 2017 QCCQ 11826

Protection de la jeunesse — 175113 2017 QCCQ 11826 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 614-41-000220-170 DATE: August 23, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2013 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A, Quebec, District A Applicant and MRS A, residing and domiciled in City A, Quebec, District A Mother and MR B, residing and domiciled in City A, Quebec, District A Father ______________________________________________________________________ JUDGMENT (Sections 38 and 91 Y.P.A., 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 A submits a motion asking the Court to declare the security and development of X, 4 years old, in danger with regard to

section 38 (b) (1)° iii. of the Youth Protection Act. [ 2 ] At the hearing, the mother and the father are present and assisted by Me Marie-Josée Ayoub and Me Michel Grenier. The child is represented by Me Yan Massé and Me Adélia Ferreira assists the applicant. [ 3 ] Both parents admit that the security and development of the child is endangered because of their neglect, but they do not admit having alcohol issues. The testimony of the social worker proved such problem for both parents. [ 4 ] It is proved that the situation of X has been reported three times since December 2016.

The parents are separated and the child lives with her mother and siblings at the maternal grandmother’s house. The father also lives with his parents. [ 5 ] Last April 2017, the mother left the community and went to visit her sister in City B. She left X with her grandmother.

But on April 14, the grandmother requested that the child be removed from her care. [ 6 ] Consequently, the child went to live with her father on April 18. [ 7 ] But soon after, he left for the Goose break and the child returned with her grandmother. [ 8 ] On May 3, 2017, the child was seen at around midnight walking in the streets with her two uncles, respectively aged 15 and 17. They were walking in direction of the grandmother’s home.

On the same day, the emergency worker went to the grandmother’s home and found it very dirty, messy, smelling bad, in a state of disarray, to the point it constitutes a danger for the occupants. [ 9 ] The same day, the City A fire department issued a notice that the house was not habitable for anyone and needed to be cleaned. [ 10 ] In the house, there were dirty diapers and no more clean ones. The refrigerator was nearly empty. The grandmother was not present in the home.

She was out of the community for Goose break and had left the child with her two adolescent sons, diagnosed with mild autism. [ 11 ] The child was placed in a foster family on May 5. At the time, the father was still in the bush and the mother has not returned to the community. [ 12 ] Adding to their instability, evidence reveals that the mother drinks often and does not provide the child the specific care she

needs. The child needs a closed medical follow-up, but the mother and the father skipped appointments. [ 13 ] The father has issues with alcohol. He does not want to assume the child, even if he has good parental capacities when sober. [ 14 ] The parents are immature and do not provide their daughter’s needs. They do not have introspection.

They put blame for their problems with all their six children on others. [ 15 ] They leave the maternal grandmother assume X and her five siblings even knowing that she is not stable and puts her own needs before those of the children. [ 16 ] On the applicable measures inquiry, a revision report is filed. Mrs [Social Worker 1] testifies that the mother should obtain a house for herself and her children in the near future.

As she never has been on her own with the children, it will provide the opportunity to observe how she managed. [ 17 ] Meanwhile services to develop her parental capacities and therapy for her drinking problems will be provided.

She declares that she wants to attend therapy and follow-up and she wishes to get X and the other children with her. [ 18 ] Consequently, as recommended by the social worker, the Court orders the placement of X in a foster family for six months with recommendation that reintegration of the child might start after one month of sobriety for the mother and good collaboration with the social worker. [ 19 ] Therefore, as parents agree with the measures and as it is in the child’s best interest; THE COURT: [ 20 ] DECLARES that the security and development of X are in danger (section 38 (b) (1) iii.

Y.P.A.); [ 21 ] ORDERS the placement of X in a foster family for six months; [ 22 ] AUTHORIZES progressive reintegration with the mother after she maintains one month of sobriety and living in her uncle’s home to the conditions : 22.1. That she maintain the house safe, secure, hygienic and organised; 22.2. That the child X has a bed and a space adapted to her needs; 22.3. That the mother is willing to assume all the medical follow-ups of her child; 22.4. That the mother maintains her sobriety; 22.5.

That the parents give an authorization to the Director of Youth Protection for the specialist to report the collaboration of the parents in the medical follow-ups; 22.6.

That the social worker makes unannounced visits. [ 23 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the child and her parents for 12 months; [ 24 ] ORDERS the Director of Youth Protection to supervise the contacts and visits of the child with her parents (frequency and duration); [ 25 ] ORDERS the parents to always be sober in presence of the child; [ 26 ] RECOMMENDS that the father seek help for his alcohol and drugs abuse; [ 27 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Adélia Ferreira Attorney for the applicant Me Marie-Josée Ayoub Attorney for the mother Me Michel Grenier Attorney for the father

Me Yan Massé Attorney for the child Date of hearing: July 6, 2017