2018 QCCQ 19049, 2018 QCCQ 19049

Protection de la jeunesse — 1810194 2018 QCCQ 19049 COURT OF QUEBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 614-41-000357-188 DATE: November 28, 2018 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2016 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, [...] Applicant and A, [...] Mother and B, [...] Father ______________________________________________________________________ JUDGMENT (sections 38, 75 and 91 of the Youth Protection Act ) ______________________________________________________________________ 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 A (the Director) submits to the Court a motion asking to declare the security and development of X, two years old, in danger because of the neglect of her mother to provide lodging and the serious risk of neglect (section 38 b) 1 o i and b 2 o of the Youth Protection Act ). [ 2 ] The mother is present at the hearing assisted by Me Marie-Josée Ayoub. Me Yan Massé represents the child and Me Adelia Ferreira the applicant. The father is absent.

Following the DNA test he maid, he is not the biological father but his name still appears on the birth certificate. He is not involved in the child’s life.

Consequently, the Court accepts to proceed in his absence. [ 3 ] The mother admits most of the facts alleged and agrees with the amended recommendations. [ 4 ] The Director asks for the child’s placement in foster home for six months with integration with the mother if she attends therapy at House A and remains there until the end of the treatment and respects all the rules there. [ 5 ] The evidence reveals that the child is two years old and does not have a stable home. The mother is unable to provide lodging for her daughter. She consumes marijuana regularly and alcohol.

Since the child birth, she spent many months in foster home. At first, the mother was immature and had hard time to respect structures and discipline. She was not very collaborative with the social worker. She does not have all the parental skills to assume the child. She acknowledges that she is not in position to care for the child. [ 6 ] Over the last weeks, the mother is more collaborative and she has regular contacts with her daughter. She develops significant bonds with the child.

She accepts now to attend a center such as House A where she will receive therapy for her personal issues including alcohol and drugs consumption, and meanwhile develop her parental capacities.

The child will be allowed to live with her at one point and will motivate her in the process. [ 7 ] Considering the evidence, the mother’s motivation and the best interest of the child; FOR THOSE MOTIVES, THE COURT: [ 8 ] ALLOWS the application; [ 9 ] DECLARES that the security and development of the child X, born on [...], 2016, are in danger because of the neglect of her mother to provide lodging and the serious risk of neglect (section 38 b) 1 o i and b 2 o of the Youth Protection Act );

[ 10 ] ORDERS the placement of the child for a period of six months to a foster family chosen by the institution operating a child and youth protection center; [ 11 ] AUTHORIZES the integration of the child with her mother if she attends and participates actively in the therapy at the House A, respects the rules and complete the program; [ 12 ] ORDERS the Director to provide aid, counsel and assistance to the child and her mother for a period of six months; [ 13 ] ORDERS the Director to supervise the contacts between the child and the mother as for the frequency and duration; [ 14 ] ORDERS the mother to provide authorization in favor of the Director to obtain information from treating professional and House A director; [ 15 ] ENTRUSTS the situation of the child to the Director who shall then see that the measures are carried out. __________________________________ DENYSE LEDUC, J.C.Q.

Me Yan Massé Attorney for the child Me Adelia Ferreira Attorney for the applicant Me Marie-Josée Ayoub Attorney for the mother Date of hearing: November 15, 2018