2012 QCCQ 12681, 2012 QCCQ 12681

Protection de la jeunesse — 124011 2012 QCCQ 12681 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division NO: 640-41-001462-123 DATE: June 19, 2012 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , Youth Protection Worker, duly authorized by the Director of Youth Protection A PETITIONER AND X CHILD AND A MOTHER ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director of Youth Protection presents a motion asking that the security and the development of X be declared endangered in regard to subsections

b) and c) (serious risk of negligence and psychological ill treatment) of

section 38 of the Youth Protection act . [ 2 ] The mother is present and represented by M e Claude Beaudet and M e Daniel Ouellette acts on behalf of the young child.

M e Robert-André Adam is representing the petitioner. [ 3 ] The mother admits all the allegations of the petition: 4.1 The mother displays alcohol and drugs (sic) related problems; 4.2 The mother was regularly hosting parties in her home residence where there was alcohol and drugs (sic) (marijuana) consumption while the child was present;(parenthesis added by the undersigned) 4.3 On August 10, 2011, the Youth Protection had to intervene with the mother as the child was found in the house without proper supervision; 4.4 On the same day, the mother was evicted of (sic) her house by the A Department; 4.5 On September 8, 2011, the mother signed voluntary measures in which she agreed to place the child in a foster home for a period of six months; 4.6 Since she was evicted of (sic) her house, the mother moved to the house of her friend where there is regular consumption of alcohol and drugs; 4.7 The police had to intervene at the house on a regular basis; 4.8 The mother has irregular contacts with the child since he was placed as she is not respecting the scheduled visits by the Youth Protection Worker; 4.9 Presently, the mother does not have a stable address; 4.10 The lifestyle of the mother remains inappropriate for the child; 4.11 The mother is unable to provide a healthy and stable environment to the child; 4.12 In January and February 2012, the mother made steps to meet with the [Program A] worker and was given some forms to fill out to go to treatment;

4.13 However, the mother did not complete the forms to attend a treatment program related to her alcohol and drugs (sic) related problems (but, since the last month, the mother took the necessary steps to be admitted in a treatment centre A. The therapy will begin on June 26 and will last until July 26); (parenthesis added by the undersigned) 4.14 The collaboration of the mother with the Youth Protection is irregular; [ 4 ] The mother agrees with the recommendations made by the Social Worker. The mother testifies that since the provisional placement order in March, she decreased her alcohol consumption.

Before March, she consumed alcohol every weekend and any occasion was a pretext to consume and to party with her friends. Since March, she has consumed only twice a week. She has a job working as a janitor with her mother at the [Company A]. [ 5 ] She is willing to attend a treatment centre in order to resolve her consumption problem. She knows that she will have to remain sober following this therapy in order to be able to have X back with her.

She needs to find a stable place to live and, basically, to change her lifestyle. [ 6 ] The mother is well aware that she is at a turning point and, if she fails to change her lifestyle, the Court will have to contemplate a longer placement for X in accordance with section 91(1) of the Youth Protection Act . [ 7 ] The mother agrees participate in an aftercare follow-up with the [Program A] worker in order to help her maintain her sobriety. [ 8 ] Contacts between the child, the mother, and also the grandparents must be encouraged, but supervised by the Director of Youth Protection. [ 9 ] For these reasons, the Court : [ 10 ] Grants the petition; [ 11 ] Declares that the security and the development of X, born on […], 2010, are endangered pursuant to

section 38

b) and

c) of the Youth Protection Act ; [ 12 ] ORDERS the placement of X in a foster family for a period of six months with a gradual reintegration with his mother if the situation allows to do so; [ 13 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and the mother for a period of six months; [ 14 ] ORDERS the mother to attend a therapy centre as soon as possible and to go through the entire therapy; [ 15 ] RECOMMENDS that the mother benefit from an aftercare follow-up with the [Program A] worker of her community; [ 16 ] ORDERS that the mother collaborate with the Youth Protection Worker; [ 17 ] ORDERS the mother to report in person to the Director of Youth Protection or one of his representatives at regular intervals to inform them of the current situation; [ 18 ] ORDERS that the mother be and remain sober when in presence of B ; [ 19 ] PROHIBITS the mother to put the child in presence of people under the influence of intoxicating substances; [ 20 ] ORDERS that visitation rights between the mother, the grandparents and the child be supervised by the Director of Youth Protection as to the modalities and the frequency; [ 21 ] ORDERS any police force to collaborate with the execution of the Court orders if requested to do so by the Director of Youth Protection or one of his representatives; [ 22 ] ENTRUSTS B's situation to the Director of Youth Protection for the purpose of the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

M e Robert-André Adam Lawyer for the petitioner M e Daniel Ouellette Lawyer for the child M e Claude Beaudet Lawyer for the mother Date of hearing: May 28, 2012