2017 QCCQ 18309, 2017 QCCQ 18309

Protection de la jeunesse — 178760 2017 QCCQ 18309 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 614-41-000262-172 DATE: December 15, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2017 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of A, working in […] Applicant and MRS A, residing and domiciled in […] Mother and MR B, residing and domiciled in […] Father ______________________________________________________________________ JUDGMENT (Sections 38, 73.1 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 of A has filed an application to have the security and development of X, 3 months old, declared to be in danger due to the serious risk of neglect because of the parents’ lifestyle (section 38 (b)

(2) Y.P.A). [ 2 ] At the hearing, the parents are present, assisted by Me Michel Grenier. The baby is represented by Me Yan Massé and Me Camille Champeval represents the applicant, Mrs [social worker 1]. [ 3 ] The evidence proving that the security and development of the child are in danger is constituted by the admissions made by the parents, the intervention

summary prepared on October 31, 2017 by Mrs [social worker 2] and the judgments rendered on April 20, 2017 for the three siblings. For the two oldest, 4 years and 3 years old, the Court rendered judgments in revision because of the parents’ issues and neglect, and for the sister born on […], 2016, it was a judgment declaring her situation in danger because of neglect and the serious risk of being neglected by her parents. [ 4 ] The Court considers that there is a preponderance of evidence that : 4.1.

The child’s siblings are subjects of various Court orders rendered by the Court of Québec, Youth Division, for issues related to the parents’ abuse of alcohol; 4.2. The mother continued to consume alcohol up to the day prior to the child’s birth; 4.3. The mother initially refused to undergo a substance test when asked to do so by the medical staff; 4.4. Just after her discharge from the hospital, the mother consumed alcohol; 4.5. The child was discharged from the hospital on September 15, 2017 and was placed in a foster home in Town A; 4.6.

On September 18, the social worker offered the mother to attend the Portage mother and child program, but the mother declined the suggestion; 4.7. During this meeting, she admitted that they both (the father and herself) had continued drinking; 4.8. On September 19, the mother agreed to integrate a women’s shelter in Town B with the child; 4.9. Consequently, on September 20, the child was entrusted to her care under the condition to remain at the women’s shelter;

4.10. Nine days after, the mother and the child came back in the community. The mother explained she left the shelter due to another resident; 4.11. Since, the child reintegrate the same foster family as previously; 4.12. The parents continued consuming alcohol, did not meet with the social worker and stopped attending meetings with the Awash team; 4.13.

The mother called once the foster mother to enquire about the child’s situation. [ 5 ] Because of the parents’ issues and their lifestyle, the security and development of X are declared in danger and the Court proceeds on the applicable measures inquiry. [ 6 ] In her social report, the social worker recommends the placement of the child in a foster family for four months, until April 20, 2018, same duration as for the siblings.

With such duration, X’s situation will be revised with her siblings. [ 7 ] The parents acknowledged their personal issues and declared they are opened to receive services to improve their overall life style. They are well informed that this delay will determine if there is possibility for them to have their children including X under their responsibility or not. They are well informed that if they do not involve in therapy and social follow-up, the applicant has the duty to prepare a life project for the child, according to

section 91.1 Y.P.A. [ 8 ] X is young and vulnerable. She has the right to evolve in a stable, secure and caring family. [ 9 ] The parents have an important decision to take concerning her future and the delay of placement, four months is sufficient to do so. With the previous judgments rendered for the siblings, they know what are expected from them.

THEREFORE, THE COURT: [ 10 ] ALLOWS the application; [ 11 ] DECLARES that the security and development of X are in danger because she is at risk of being neglected by her parents; [ 12 ] ORDERS that the child X be entrusted to a foster home chosen by the institution operating a child and youth protection centre for a period of four months, ending on April, 20, 2018; [ 13 ] ORDERS the Director of Youth Protection to supervise the contacts between the child and her parents with regard to its terms and degree of supervision; [ 14 ] RECOMMENDS that the parents seek services for their alcohol and substance abuse; [ 15 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the child and the parents for four months; [ 16 ] ORDERS the parents to collaborate actively with the social worker; [ 17 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Camille Champeval Attorney for the applicant Me Michel Grenier Attorney for the parents Me Yan Massé Attorney for the child Date of hearing: December 7, 2017