2019 QCCQ 19350, 2019 QCCQ 19350

Protection de la jeunesse — 198184 2019 QCCQ 19350 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] “Youth Division” No.: 652-41-000011-181 DATE: October 2, 2019 PRESIDING: THE HONOURABLE LOUISE GALLANT, J.Q.C. In the case of: X Child and [SOCIAL WORKER 1] Person authorized by the Director of Youth Protection Applicant and A Mother and B Father JUDGMENT WARNING: The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified.

Every person who contravenes this provision is guilty of an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Court hereby confirms and gives reasons in writing for the decision rendered from the bench on October 2, 2019, on an application for review and extension of the measures regarding Y (3 ½ years old), X (8 years old), Z (5 years old) and C (9 years old) . [ 2 ] On October 3, 2018, the Court ordered various measures which, among other things, maintain the children with their parents, require the parents to collaborate with the Director of Youth Protection, in particular requiring the mother to undergo addiction and psychological follow-up care, order the mother to be sober in presence of her children and allow the exchange of information between the professionals working with the parents and the children; [ 3 ] The relationship between the parents is riddled by conflict and domestic violence and punctuated by breakups and the resumption of cohabitation. [ 4 ] The mother acknowledges using cannabis and alcohol every week. [ 5 ] When the mother cannot take care of her child, she is with family members.

She has not had any suicidal behavior since the last order. When she is sober, she can respond well to her child’s needs. [ 6 ] The mother has difficulties collaborating with the Director of Youth Protection. [ 7 ] X is an 8-year-old boy. He attends School A and is beginning his second year of elementary school. He is an energetic, curious child with a good sense of humor. He likes to receive attention and uses various means to achieve his goal. He can sometimes be turbulent and violent with his classmates.

Last year, he accumulated a lot of absences and/or late arrivals. [ 8 ] The Court concludes that the child’s security and development remain in danger because there is a serious risk of neglect (addiction problems and instability of the mother), and the child is neglected in regard to his educational needs because of the failure to respect babysitting times.

[ 9 ] The application, to which the parties consent, is in the best interests of the child, and therefore should be granted.

FOR THESE REASONS, THE COURT: GRANTS the present application; REVIEWS and EXTENDS the last order; DECLARES that the security and the development of the child remain in danger; maintainS the child with his mother; ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child and the child’s family for a period of six months; ORDERS the parents to participate with the Director of Youth Protection and especially the mother to become involved in addiction follow-up care and psychological follow-up care; ORDERS the mother to be sober in the presence of her child; ALLOWS the exchange of information between the professionals who are working with the parents and the child; ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order.

LOUISE GALLANT, J.Q.C. Mtre Lyne Monger Attorney for Youth Protection Mtre Chantal Gaudreau Attorney for the child Date of hearing: October 2, 2019