2019 QCCQ 15734, 2019 QCCQ 15734

Protection de la jeunesse — 194995 2019 QCCQ 15734 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [ … ] TOWN OF [ … ] Youth Division No: 635-41-000922-184 DATE: January 15, 2019 (written judgment rendered on June 17, 2019) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [ … ] , 2011 [ SOCIAL WORKER 1 ] , Youth Protection worker, duly authorized by the Director of Youth Protection A, working in Town A, district A Applicant and A, residing and domiciled at [ … ] , district A Mother ______________________________________________________________________ JUDGMENT (Section 38 of the Youth Protection Act ) ______________________________________________________________________ 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 and development of the child X, born on [ … ] , 2011, are in danger under

section 38 (b) (2) [1] of the Youth Protection Act . [ 2 ] The mother is present and represented by Me Tommasel. She admits most of the allegations, and she agrees with the measures. [ 3 ] X who is 7 years old is present and represented by Me Martineau. There is no admission on the allegations due to her age, but she understands what is proposed today by the DYP and she agrees with the measures.

Facts [ 4 ] The mother had her oldest son, Y, who was adopted, but as the adoptive mother was very sick and passed away on October 31, 2018, the adolescent was taken care by the mother. [ 5 ] The mother is struggling with alcohol consumption issues and Y strongly react when his mother consumes. Physical altercations occurred between both, which required the police intervention while X was present.

Even if the adolescent does not appreciate the fact that his biological mother consume, he prefers to stay close to her to make sure everything goes well. [ 6 ] The mother works at […] Mine for periods of two weeks on, two weeks off. She admits that she had difficulties to insure X’s schooling. Since January 2019, the situation improved a lot as X is going to school on a daily basis. [ 7 ] X has very good learning capacities, and she is very mature for her age.

She is also affected by her mother's addiction and protect herself by going to family members’ house. [ 8 ] The mother also admits having been aggressive with Y and X while being intoxicated. She recognizes the impact of this consumption on her children. She requested for help from the Social Services, and they help her to find a treatment centre. She will entrust [center A] on February 26, 2019, for a six-week treatment. [ 9 ] During this period, she made arrangements with her sister B to take care of X and her brother.

Analysis [ 10 ] The family situation was unstable for a while because of her sickness and the death of Y’s adoptive mother. [ 11 ] The mother is working in Town B for periods of two weeks and when she is in Town A she consumes a lot. X is very affected by the situation and try to protect herself. [ 12 ] The situation seems to stabilize since a few weeks, as all family members help the mother to cope with the situation. The mother is registered for a treatment centre in February, and since January, a routine was put in place and X is going to school regularly.

[ 13 ] The evidence convinces the Court that the situation of X is in danger for the alleged motives. [ 14 ] Regarding the measures, the Court also considers that the best interest of the child requires that she stay with her mother, and all services are put in place to support this family in a way to help the mother to totally assume her parental role. FOR THOSE REASONS, THE COURT: [ 15 ] GRANTS the application; [ 16 ] DECLARES that the security and development of the child X, born on […], 2011, are in danger under

section 38 (b) (2) of the Youth Protection Act ; [ 17 ] ORDERS that the child remain with her mother; [ 18 ] ORDERS that the mother report periodically to the Director of Youth Protection on the measures she applies in her own regard or in her child’s regard to put an end to the situation in which the security and development of the child are in danger; [ 19 ] ORDERS that the mother take an active

part in the application of the measures ordered by the Court; [ 20 ] ORDERS that the mother remain sober in the presence of the child; [ 21 ] Considering the consent of the mother, RECOMMENDS that the mother seek help through the Social Services concerning her alcohol, drugs and her personal issues and that she entrusts a treatment centre; [ 22 ] TAKES ACKNOWLEDGE that the mother will entrust the Treatment Center A on February 26, 2019; [ 23 ] ORDERS that the child attend a school on a daily basis; [ 24 ] ORDERS that the child and the mother receive the services of an external educator and that a routine and rules be discussed and set out between the mother and the external educator, in the way to ensure the schooling, curfew and any other aspect the educator will consider relevant; [ 25 ] ORDERS that B, the mother’s sister, be aware that she could benefit from the services of an external educator if she wishes; [ 26 ] ORDERS to the mother to communicate to the Director of Youth Protection, the name of the family member who will take care of the children during her absence, if it’s not B; [ 27 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the child and the mother, including unannounced visits at the mother’s place; [ 28 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carded out; [ 29 ] The whole until December 31, 2019. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Geneviève Apollon, attorney for the Director of Youth Protection Me Isabelle Martineau, attorney for the child Me Angèle Tommasel, attorney for the mother Date of hearing: January 15, 2019