2012 QCCQ 16623, 2012 QCCQ 16623

Protection de la jeunesse — 125642 2012 QCCQ 16623 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF […] « Youth Division » N° : 145-41-000421-120 DATE : September 6, 2012 ______________________________________________________________________ HONOURABLE HERMINA POPESCU, J.C.Q.

PRESIDING ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION Petitioner and X (born on [...], 2012) Child and A Mother ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The security and development of the child are considered to be in danger due to his mother's neglect. [ 2 ] The child tested positive, at his birth, for oxycontin and methadone.

As he was experiencing withdrawal symptoms, a morphine treatment was required in order to help ease those symptoms. [ 3 ] During his hospitalisation, the medical staff required that a responsible adult be present at the hospital, in order to feed him, respond affectively to his needs and develop a solid bond with him. As the mother refused to cooperate with the social worker, a foster family was designated to take care of the child. [ 4 ] The child is the youngest of his mother's 7 children. Six children are placed, for many years, due to the mother's neglect.

In all these cases, the neglect was due to the mother's drug addiction problems. [ 5 ] The child was hospitalized since his birth until [...], 2012. He had difficulties in adjusting to his recent Morphine treatment. [ 6 ] As soon as he left the hospital, he went to live with the foster family, the same to whom one of his brothers was entrusted.

Unfortunately, the foster family found it too difficult to deal with the child's constant crying (due to his Morphine treatment) and the changes in the behaviour of the child's brother, changes due to the child's arrival. [ 7 ] The child was therefore entrusted to another foster family that is willing to take care of him on a longer time basis, if needed. [ 8 ] Unfortunately, the mother has still unsolved addictions (alcohol and drugs). She was also victim of spousal abuse.

All these personal problems of the mother create an instability and lack of security rendering her therefore unable to provide appropriate care of the child. [ 9 ] It is difficult for the mother to be responsible on the long term for the child. She is doing honest efforts in order to make positive changes, but unfortunately, up to now, she was not able to bring these efforts to an end. [ 10 ] The mother has to make a major change in her life if she wants her child to be eventually entrusted to her.

She has to make the necessary efforts in order to stabilize her life and solve her addiction problems in order to be able to satisfy the child's needs. THEREFORE THE COURT: [ 11 ] DECLARES that the security and development of X are considered to be in danger according to

section 38b)1) et 38(2)

c) of the Youth Protection Act; [ 12 ] ORDERS that the child be entrusted to a foster home to be designated by the Director of Youth Protection; until March 6,

2013 ; [ 13 ] RECOMMENDS that the mother actively participates in psychological counselling to help her deal with her personal issues; [ 14 ] ORDERS that the mother benefits from an external educator to teach her life skills, coping skills, and parenting skills; [ 15 ] RECOMMENDS that the mother actively participates in a drug rehabilitation program and follow-up with an Addictions Counselor as deemed necessary; [ 16 ] RECOMMENDS that the mother presents herself for medical laboratory drug tests whenever requested by the Director of Youth Protection with or without notice and that the results be submitted to the Director of Youth Protection; [ 17 ] RECOMMENDS that the mother actively participate in a personal psychological assessment; [ 18 ] ORDERS that the mother remains involved with the child through regular visitation, organized by the director of Youth Protection and supervised if deemed necessary by the Director of Youth Protection and that the terms set forth for these visits are followed by the mother; [ 19 ] ORDERS that the mother actively participates in the application of the measures intended to put an end to the situation of endangerment; [ 20 ] ORDERS that a person working for an establishment provides aid, counsels and assistance to X and his family until March 6, 2013; [ 21 ] ENTRUSTS the situation of the child to the Director of Youth Protection of the Centre Jeunesse A for the carrying out of these measures. _______________________ Hermina Popescu J.C.Q.

Me Louyse-Andrée Lemieux PARADIS, SMITH & LEMIEUX Attorney for the Petitioner Me Richard Lavigne LAVIGNE & RACINE Attorney for the child Me Andrée Rioux Attorney for the mother Date of hearing : September 6, 2012 Filed on : September 17, 2012