2016 QCCQ 6592, 2016 QCCQ 6592

Protection de la jeunesse — 162762 2016 QCCQ 6592 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 640-41-001971-164 DATE: April 12 th 2016 PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. IN THE MATTER OF: X, born on [...] 2015 Child [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A Applicant and A, residing and domiciled in Town A, Quebec, district A Mother 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 submits that the security and development of the child, X, are in danger. [ 2 ] The Court proceeded in the presence of the mother on April 12 th 2016.

She is the only parent identified on the child’s birth certificate. [ 3 ] The child is seven months old. [ 4 ] The mother admits most of the alleged facts and accepts that her child be entrusted to a foster family for the coming months. [ 5 ] The mother did not want to discuss with the Director. She now declares that she is ready to collaborate with the social worker. [ 6 ] The mother has a serious problem of abuse of alcohol. She does get intoxicated in the presence of the child. [ 7 ] On January 18 th 2016, the mother was once again intoxicated. She got into a fight with another person. The baby was with her.

She dropped the child on the ground and the baby got hurt on his head. [ 8 ] The police needed to intervene four times during the month of March 2016 while the mother was intoxicated. [ 9 ] The mother needs help and should react rapidly to get appropriate services. Her baby cannot wait indefinitely. He will create a significant bond with the people who care for him safely. FOR ALL THESE REASONS COURT: [ 10 ] GRANTS the motion; [ 11 ] DECLARES that the security and development of the child, X, are in danger in virtue of

Section 38 b) 1) iii) of the Youth Protection Act ; [ 12 ] ORDERS that the child be entrusted to a foster family chosen by the institution operating a child and youth protection centre with a possible reintegration with the mother after three months if the situation allows it;

[ 13 ] ORDERS that the mother take an active

part in the application of the measures; [ 14 ] ORDERS that the mother report in person at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 15 ] ORDERS that the mother remain sober in the presence of the child; [ 16 ] ORDERS that the mother seek help through social services concerning her alcohol issues; [ 17 ] ORDERS that the mother transmit all the identification and social documents which she has in her possession concerning the child; [ 18 ] ORDERS that the contacts between the child and the mother be determined by the Director of Youth Protection as to the modalities, the frequency and the degree of supervision; [ 19 ] ORDERS that a person working for an establishment or body provide aid, counsel and assistance to the child and the family; [ 20 ] ORDERS the police to collaborate to the execution of the enactment; [ 21 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection for the execution of the measures; [ 22 ] THE WHOLE until October 31 st 2016. __________________________________ JEAN GRAVEL, J.Q.C.

Mtre Donald Bourget, Attorney for the applicant Mtre Cassandra Neptune, Attorney for the child Mtre Angèle Tommasel, Attorney for the mother