2011 QCCQ 6237, 2011 QCCQ 6237

Protection de la jeunesse — 111385 2011 QCCQ 6237 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth Division No: 145-41-000369-105 DATE: March 2, 2011 ______________________________________________________________________ BY THE HONOURABLE ROBERT LEVESQUE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] Petitioner and X Child and A and B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] A petition for protection purpose in respect of X (2006-08-17) is referred to the Court by the Director of youth protection pursuant to sections 38 and 75 of the Youth Protection Act. [ 2 ] The petition is based on the following assertions and facts :

a) X was subject to youth protection measure in the past ;

b) X was then entrusted to his mother and the file was closed at the end of March, 2009 ;

c) the father was convicted for violent behaviours in the past ;

d) the mother spends a lot of time at her boyfriend's, who has drug and alcohol issues ;

e) Mrs B also has alcohol-related difficulties ;

f) last summer, the mother had a car accident, while she was driving under the influence of alcohol and X did not have a child seat ;

g) the mother allows X to be with inappropriate babysitters ;

h) on December 18, 2010, X slept at a relative, Ms. C ;

i) two days later, Ms. C contacted social services because the mother did not come back to get X ;

j) the mother was met, she agreed to receive help and took X back ;

k) on December 22, X disappeared, and the police had to look for him ;

l) X was found in another house, playing with a friend ;

m) the mother did not notice X was gone, she said he was not supposed to leave the yard and did not seem worried about the situation ;

n) despite his young age, X is not supervised closely by his mother. [ 3 ] At the hearing, the mother is present with her lawyer who accepts the recommendations of the Director of youth protection as well as the child's lawyer. [ 4 ] The father is absent and unrepresented. [ 5 ] The Court studied the petitioner's psychosocial report and examined police occurrences reports. [ 6 ] The evidence reveals that the mother had a very difficult past. [ 7 ] Her choice of partners was not very successful and she experienced substances abuse. [ 8 ] The child's father was sentenced to a two-year jail term for having beaten and sexually assaulted Mrs B and he is supposed to be released soon. [ 9 ] The child's provisory placement on December 23, 2010 was a wake-up call for his mother. [ 10 ] Since, she is improving and accepting to collaborate with supportive services to be put in place by the Director of youth protection.

[ 11 ] She must adapt her way of life to X and make sure to not expose him to dangerous or risky situations and this concerns also her boyfriend. [ 12 ] She must remain drug-free and she will not tolerate any drug consumption around X. [ 13 ] Considering the report's content and the position of the parties, the Court grants the petition in the sense of the recommendations of the Director of youth protection including the modification pronounced at the hearing. WHEREFORE, THE COURT : [ 14 ] DECLARES that the security and the development of X are considered to be in danger according to

section 38 of the Youth Protection Act ; [ 15 ] ORDERS that X be returned with his mother at the exclusion of Mr A ; [ 16 ] ORDERS that the visits with the father be authorized and supervised by the Director of youth protection as long as deemed necessary ; [ 17 ] ORDERS that the father continues to receive counselling support to deal with his personal issues as long as deemed necessary by the counsellor ; [ 18 ] ORDERS that the father continues to receive support in regards to his addictions as long as deemed necessary by the counsellor ; [ 19 ] ORDERS that neither parent is under the influence of drugs or alcohol in the presence of X ; [ 20 ] ORDERS that the parents actively participate in the application of the measures intended to put an end to the situation of endangerment ; [ 21 ] ORDERS that the mother benefits from an external educator to provide her with help and support with structure and routine ; [ 22 ] ORDERS that the mother actively participates in an addictions assessment and with follow-up and treatment if deemed necessary ; [ 23 ] ORDERS that neither parent talk negatively about the other in the presence of X ; [ 24 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and his family ; [ 25 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre de Jeunesse A until December 30, 2011, for the carrying out of the present measures.

__________________________________ ROBERT LEVESQUE, J.C.Q. Me Lynn-Ann Smith, for the petitioner Me Andrée Rioux, for the child Me Marie-Christine Gagnon, for the mother Mr A, the father (absent)