2011 QCCQ 18653, 2011 QCCQ 18653

Protection de la jeunesse — 117604 2011 QCCQ 18653 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001411-112 DATE: December 21, 2011 ______________________________________________________________________ BY THE HONOURABLE JEAN-PIERRE GERVAIS, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A, working in […] APPLICANT and X , born on […], 2011 Child and A Mother ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The applicant is asking the Court to declare endangered the security or development of X, born on […], 2011.

The motion is based on the fact that the mother is unable to provide proper care for the child, whose physical health and mental development are jeopardized. [ 2 ] At the hearing, the child, given her young age, is of course absent but represented by counsel. [ 3 ] The mother is present with her lawyer.

She disagrees with the measure sought, that is, a six-month placement, on the basis that it is too long. [ 4 ] However, if such a placement were to be ordered, she insists on having the child placed in […], where she lives. [ 5 ] From the evidence heard and the admissions made at the hearing, the Tribunal basically notes the following. [ 6 ] The mother, Ms.

A, has been known by the Director of Youth Protection since 2005, for a first intervention with another one of her children. [ 7 ] At the time, personal problems would have likely caused improper behaviours often marked with violence. [ 8 ] Indeed, she was very aggressive on several occasions with people close to her. [ 9 ] In October 2009, she was diagnosed with a borderline personality disorder, which explains, at least in part, her unstable personal life. [ 10 ] The mother’s lack of stability and show of aggressiveness place a genuine risk on the development and security of a child merely a few months old and, as such, particularly vulnerable. [ 11 ] In the circumstances, there is no doubt that a Court intervention is necessary to protect A’s child from harm that could not be undone. [ 12 ] Consequently, the child has to be withdrawn from the family, at least for the time being, to allow the mother to get a hold of her life in a reasonable way. [ 13 ] The suggested six-month placement period does not appear unduly long when considering the circumstances in this case.

Furthermore, it is clearly understood that an earlier return of the child in the family will be made possible if the situation allows. [ 14 ] Also, the Tribunal supports the mother’s wish that her daughter be placed in the community where she lives, to make it easier for her to see the child.

[ 15 ] FOR THESE REASONS, THE TRIBUNAL: [ 16 ] GRANTS the motion; [ 17 ] DECLARES that the security or development of the child is in danger; [ 18 ] ORDERS the placement of X in a foster home for a period of six months starting November 8, 2011, with earlier reintegration as soon as the situation allows; [ 19 ] RECOMMENDS that X be placed in a foster home in the community where the mother lives; [ 20 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the child and her family; [ 21 ] ORDERS the Director of Youth Protection to supervise and encourage the exercise of visiting rights by the mother; [ 22 ] ORDERS that the contacts between X and [Social Worker 1] to be supervised by the Director of Youth Protection; [ 23 ] ENTRUSTS the situation of the child X to the Director of Youth Protection for the execution of this order. __________________________________ JEAN-PIERRE GERVAIS, J.C.Q.

Me Stéphane Lachance Cain Lamarre Casgrain Wells Lawyers for the applicant Me Jean-Claude Latraverse Centre communautaire juridique A Lawyers for the child Me Angèle Tommasel Lawyer for the mother Date of hearing: November 8, 2011