2016 QCCQ 6567, 2016 QCCQ 6567

Protection de la jeunesse — 162737 2016 QCCQ 6567 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 635-41-000700-168 DATE: May 3 rd 2016 ______________________________________________________________________ PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on [...] 2001 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 and B (deceased) Father ______________________________________________________________________ JUDGMENT (

Section 38 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 child and the mother were present in court on May 3 rd 2016 in Town A. [ 3 ] They admitted some of the alleged facts and accepted the measures proposed by the Director. [ 4 ] The mother had already signed a voluntary agreement with the Director in March 2014.

She admitted then that she had used unreasonable educational methods and that the child had been left with drunk people when she was out for work. [ 5 ] Another voluntary agreement was signed in July 2015. [ 6 ] The child’s attendance in school was very light in the last months. [ 7 ] The mother admitted in October 2015 having an alcohol consumption issue. During that period, there was not enough food in the family household and the children were not dressed properly.

The mother would have provided her partner money for drugs. [ 8 ] The mother says that she doesn’t have a problem with alcohol but no later than two weeks ago, the mother was intoxicated. [ 9 ] The child needs special attention from her mother to concentrate on her school attendance and studies. She is gifted in arts but has some learning difficulties. FOR ALL THESE REASONS, THE COURT: [ 10 ] GRANTS the motion; [ 11 ] DECLARES that the security and development of the child, X, are in danger in virtue of sections 38 b) 1) iii), 38 b) 1) and 38

b) 2) of the Youth Protection Act ; [ 12 ] ORDERS that the child remain with the mother; [ 13 ] ORDERS that the mother report periodically to the Director of Youth Protection on the measures she applies in her own regard or in the child’s regard to put an end to the situation of compromission; [ 14 ] ORDERS that the child and the mother take an active

part in the application of the measures; [ 15 ] ORDERS that the mother refrain from consuming alcohol in the presence of the child; [ 16 ] RECOMMENDS that the mother seek help through social services concerning her alcohol and personal issues; [ 17 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and the family; [ 18 ] ORDERS the police to collaborate to the execution of the enactment; [ 19 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection for the execution of the measures; [ 20 ] THE WHOLE until November 30 th 2016. __________________________________ JEAN GRAVEL, J.Q.C.

Mtre Geneviève Apollon, Attorney for the applicant Mtre Nicolas Welt, Attorney for the child Mtre Marie-Claude De Gagné, Attorney for the mother