2019 QCCQ 11533, 2019 QCCQ 11533

Protection de la jeunesse — 192237 2019 QCCQ 11533 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No: 614-41-000379-182 DATE: January 10, 2019 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth protection Worker duly authorized by the Director of Youth Protection A APPLICANT and X, born on [...], 2007 CHILD and A MOTHER and B FATHER ______________________________________________________________________ JUDGMENT ( Sections 38 and 91 of the Youth Protection Act, C.Q.L.R., 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 presents a motion asking the Court to declare that the security and development of X, 11 years old, are endangered pursuant to

section 38 b) 1 o iii) and b) 2 o of the Youth Protection Act . [ 2 ] At the hearing, Mtre Yan Massé represents the child and Mtre Michel Grenier represents the mother. The father, despite being duly served, is neither present nor represented by counsel. Mtre Magdalena Lempicka acts on behalf of the applicant. [ 3 ] The parties ask the Court to proceed in the absence of the father who is not involved in the situation of X. [ 4 ] Almost all of the allegations of the petition are admitted by the mother.

These are: − The child was placed in a foster home for one year from September 22, 2017, to September 22, 2018, under voluntary measure because of the mother’s drugs and alcohol abuse and a lack of supervision; − The mother continues to drink and use drugs; − The mother has an on and off relationship with the father of her youngest children; − On October 11, 2018, there was an altercation between the mother and her boyfriend and she was later picked up by the police after there was a shot from a gun; − At the hearing, the mother admits that she is responsible for the gun shot; − Just before this altercation, the mother and her boyfriend drank alcohol; − Later that day, the child’s baby sibling who was three months old, was found alone at the mother’s cabin; − X was at the maternal grandmother’s home.

In fact, she has remained at the maternal grandmother’s home since the end of the voluntary measures as the mother was not in a position to resume care of the child; − For the time being, the mother is not in a position to take care of the child. [ 5 ] With the admissions made by the mother, the Court has preponderant evidence that the security and development of X are

endangered for the alleged motives (38 b) 1 o iii) and 38 b) 2 o of the Youth Protection Act ). [ 6 ] The mother agrees with the recommendations made by the Director of Youth Protection to order the placement of the child in a foster home for a period of 12 months.

FOR THESE MOTIVES, THE COURT: [ 7 ] GRANTS the motion; [ 8 ] DECLARES that the security and development of X, born on [...], 2007, are endangered (38 b) 1 o iii) and 38 b) 2 o of the Youth Protection Act ); [ 9 ] ORDERS the placement of X in a foster family for a period of 12 months with reintegration with the mother after she completes a treatment program and maintains three consecutive months of sobriety; [ 10 ] ORDERS that X obtain all the necessary services that are required by her situation and that the recommendations made by the professionals be followed, including the services of a psychologist; [ 11 ] ORDERS that the frequency and modalities of contacts between the child and her parents be determined and supervised by the Director of Youth Protection; [ 12 ] ORDERS that the parents seek professional help for substance abuse; [ 13 ] STRONGLY RECOMMENDS that the parents seek counselling to address their personal related issues; [ 14 ] ORDERS that the parents be and remain sober when in presence of the child; [ 15 ] ORDERS the parents not to put the child in the presence of people under the influence of intoxicating substances; [ 16 ] AUTHORIZES any service providers to the family to share information with the Director of Youth Protection and his representatives; [ 17 ] ORDERS that aid, counselling and assistance be provided to the child and the family for a period of one year; [ 18 ] ORDERS any peace officer to collaborate to the execution of the measures ordered if required to do so by the Director of Youth Protection or one of its representatives; [ 19 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the Court orders.

Signed in Town A on February 19, 2019 __________________________________ LUCILLE CHABOT, J.C.Q. Mtre Magdalena Lempicka Ferreira Lempicka Attorneys Attorney for the applicant Mtre Yan Massé Centre communautaire juridique A Attorney for the child Mtre Michel Grenier Attorney for the mother Date of hearing: January 10, 2019