2018 QCCQ 3783, 2018 QCCQ 3783

Protection de la jeunesse — 182 2018 QCCQ 3783 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 614-41-000261-174 DATE: January 5, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2010 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A, Quebec, District A Applicant and MRS A, residing and domiciled in City A, Quebec, District A Mother and MR B, residing and domiciled in City A, Quebec, District A Father ______________________________________________________________________ JUDGMENT (Sections 38 and 91 Y.P.A., R.S.Q. c.

P-34.1 ) ______________________________________________________________________ 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 A demands to the Court to declare the security and development of X, born on [...], 2010, in danger due to the way of life of the mother, not providing him the appropriate supervision and because of the serious risk that she would not provide his basic needs (section 38 (b) (1) iii. and (b)

(2) Y.P.A.). [ 2 ] At the hearing, the mother is present and represented by Me Michel Grenier.

Me Yan Massé represents the child and Me Camille Champeval, the applicant, Mrs [Social Worker 1]. [ 3 ] The father of the child, not declared on the birth certificate but mentioned previously at the first instance and acknowledged by the mother as the father, is present to the hearing, assisted by Me Marie-Josée Ayoub. [ 4 ] The applicant, once the child’s situation declared compromised, seeks for a placement in foster family until his majority. [ 5 ] Over the last two years, the child was subject of various agreements on voluntary measures and whereby was placed in foster home. [ 6 ] Such placement was required because of the mother’s alcohol consumption and her general lifestyle.

The mother lost her house because of her abusive consumption of alcohol and she lives with relatives for more than a year. She has a boyfriend who also has alcohol issues. [ 7 ] She attended therapy two years ago, but relapsed. She is well aware that she has to change her way of life and to quit drinking, but she is still not engaged in any treatment. [ 8 ] The father also consumes alcohol and has other children. He is not involved in X’ life. He enjoys it when he sees his son, but he cannot assume him. [ 9 ] The foster mother, Mrs C, is assuming the child since a year and a half.

The child is doing well with her and his behaviour improved. He is now more attentive at school and is not medicated anymore. He is regularly followed by his doctor. He is part of the family and he gets along well with her 13 years old son. [ 10 ] The foster mother is very respectful of the mother’s rights and she intends to favour contacts between X and his mother. She does not drink nor does drugs. She is ready to assume the child on a long-term basis and is convinced that such decision will decrease the child’s anxiety.

[ 11 ] The mother agrees with such placement as long as she can visit her son. The father also agrees. [ 12 ] Considering

section 91.1 of the Youth Protection Act and that the duration of placement of X is more than two years; [ 13 ] Considering that the mother’s own situation remain quite similar to the one when she consented to the child’s placement, more than two years ago; [ 14 ] Considering the mother’s and the father’s agreement that the child remain in this specific foster family until his majority; [ 15 ] Considering the child’s best interest; FOR THESE MOTIVES, THE COURT: [ 16 ] ALLOWS the application; [ 17 ] DECLARES that the security and development of X are in danger for the alleged motives; [ 18 ] ORDERS the placement of X in a foster family until his majority; [ 19 ] RECOMMENDS that the child remain in the foster family of Mrs C; [ 20 ] ORDERS the Director of Youth Protection to supervise the contacts between the mother, the father and the child (frequency and modalities); [ 21 ] ORDERS the Director of Youth Protection to provide the child all the health services he might require; [ 22 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the child and his parents for the duration of the Court order; [ 23 ] ORDERS any police officer to collaborate in the execution of the present judgment; [ 24 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Camille Champeval Attorney for the applicant Me Michel Grenier Attorney for the mother Me Marie-Josée Ayoub Attorney for the father Me Yan Massé Attorney for the child Date of hearing: December 7, 2017