2015 QCCQ 17760, 2015 QCCQ 17760

Protection de la jeunesse — 155687 2015 QCCQ 17760 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000487-154 DATE: September 2, 2015 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], authorized person by the DIRECTOR OF YOUTH PROTECTION Petitioner -and- X born on [...], 2007 Child -and- A Mother ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 (DYP) asks the Court to declare that the security or development of the child is in danger, because of neglect, her exposition to domestic violence and her exposition to her mother’s substance abuse. Her siblings are aimed by the same request. The parties agree to present common evidence. [ 2 ] At the hearing, the mother is present and not represented. She generally admits the facts.

She agrees with the measures proposed by the DYP and the filing of the report to value the testimony of their respective author. [ 3 ] The child is not present but duly represented; furthermore, he agrees with the facts, and the conclusions suggested. The filing of the report to value the testimony of their respective author is also admitted. [ 4 ] On May 28, 2015, the DYP got involved with the family. An agreement on voluntary measures maintaining the children with the mother. [ 5 ] The mother is very unstable. A problem of domestic violence is also present between her and mister Larocque.

She has a serious addiction related to drugs and alcohol. [ 6 ] At the beginning of June 2015, the mother left to attend a detox program in Town A. The mother came back after 12 days, precisely on June 17, 2015, without completing the therapy. She never advises the services of her return home. While she was gone the children were entrusted to members of the family. [ 7 ] On July 10, 2015, after a few weeks after her return from detox, only her two oldest children went back to live with her.

The baby remained entrusted to relatives. [ 8 ] On July 14, 2015, the mother entrusts her two oldest children to family member because she was overwhelmed. She admits not being able to care for her children. [ 9 ] On July 15, 2015, an immediate measure was put in place entrusting the two oldest children to a foster family due to the fact that the mother was highly intoxicated and the police was also involved. [ 10 ] The mother does collaborate with the services but she doesn’t get involved. She misses appointments set by the social worker and she completely avoids the services by not answering her phone or door.

[ 11 ] The mother uses drugs and alcohol regularly. At the hearing, the mother states that she doesn’t intend to go back into a detox program. She admits consuming alcohol but she put an end from the consumption of drugs since June 2015. [ 12 ] The mother benefits from supervised visits with the children. [ 13 ] The child is seven year’s old, she needs to be secure and in a stable environment. At the moment, the mother is not able to provide such environment or care for the children’s needs. [ 14 ] Under the circumstances, the petition is well founded.

The suggested measures appear to be in the best interest of this child. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 15 ] GRANTS the petition for protection; [ 16 ] DECLARES that the security and development of X are considered to be in danger according to

section 38 of the youth protection act ; [ 17 ] ORDERS that the child be entrusted to a foster family until August 31, 2016; [ 18 ] ORDERS that all contacts between the child and the mother are determined following an agreement between the parties, and supervised by the DYP as long as deemed necessary; [ 19 ] RECOMMENDS that the mother seek counselling for their addictions; [ 20 ] RECOMMENDS that the mother receive psychological follow-up for as long as deemed necessary by the professional; [ 21 ] ORDER that the mother be sober in the presence of their children; [ 22 ] ORDER that the mother report to the DYP on a regular basis and that both parents play in active role in their children’s lives; [ 23 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and her family until August 31, 2016; [ 24 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Louyse A. Lemieux for the petitioner Me Mathieu Racine for the child Mrs. A the mother Date of hearing: September 2, 2015 Written judgment filed on September 25, 2015