2017 QCCQ 19953, 2017 QCCQ 19953

Protection de la jeunesse — 1710345 2017 QCCQ 19953 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000246-175 DATE: October 17, 2017 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on [...], 2015 CHILD ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A APPLICANT AND A MOTHER ______________________________________________________________________ JUDGMENT ( Sections 38 and 91 of the Youth Protection Act CQLR 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 submits a motion asking the Court to declare that the security and development of X, born on [...], 2015, are endangered pursuant to paragraphs b) 1° ii), b) 1° iii) and b) 2° of

section 38 of the Youth Protection Act . [ 2 ] At the hearing, Mtre. Yan Massé represents the child, and Mtre. Michel Grenier, the mother. Mtre. Camille Champeval acts on behalf of the applicant. [ 3 ] From the admissions of the mother and the report filed as testimony of the applicant, it appears that on July 27, 2017, the mother left home around midnight and went out drinking all night. She left the child at home. The mother is living with an 83 year-old woman, Mrs.

B, who was not aware that the child was in the home and that the mother had left. [ 4 ] The mother states that she met a woman in the community and asked her to go and babysit her child. Mrs. B declares that this woman only arrived at 7 a.m. and that she was under the influence of alcohol. [ 5 ] The police had to intervene and the child was brought to the Youth Protection Office where it was noted that he was not breathing well. He was transferred to Chibougamau Hospital where he stayed overnight considering his level of oxygen was low.

Upon his release from the hospital, the child was placed in a foster family. [ 6 ] After these events, Mrs. B asked the mother to leave. For a certain period of time the mother lived elsewhere, but at the time of the hearing she has returned to Mrs. B’s. [ 7 ] It appears that the mother does not have a place to stay on her own and no one to provide her with help or assistance. [ 8 ] It is not the only time that the mother left in order to go drinking while Mrs.

B had to take care of the child. [ 9 ] X is often sick and it is not the first incident where he has breathing problems. [ 10 ] When met by the Social Worker, the mother gave two different versions about the babysitter she would have hired for that night in July. [ 11 ] The mother does not challenge that her child is in need of protection and also agrees with the measures recommended by the Director of Youth Protection and particularly the placement of the child for a period of one year.

[ 12 ] As the child is only eighteen months old, a placement of one year would mean that, in the event that the mother does not resolve her problems, a life plan will be established for the child for the following Court hearing.

The Court is of the opinion that it does not give the parties the opportunity to come back to court to adjust the measures, if needed, before a life plan is established for this child. [ 13 ] Considering the young age of the mother and the absence of a social network around her, the Court feels it would be unfair to place the child for a period of one year right away. [ 14 ] When the Court explained its position, all counsels agreed. [ 15 ] FOR THESE MOTIVES, THE COURT: [ 16 ] GRANTS the motion; [ 17 ] DECLARES that the security and development of X, born on [...], 2015, are endangered (paragraphs b) 1° ii), b) 1° iii) and b) 2° of

section 38 of the Youth Protection Act ); [ 18 ] ORDERS the placement of the child in a foster family for a period of eight months with a possible reintegration to the care of his mother if the situation allows it; [ 19 ] ORDERS the mother to collaborate with the NNADAP worker in order to be assessed to determine if she has a drinking problem and to follow all the recommendations made by the professional; [ 20 ] ORDERS the mother to participate in a parenting workshop given in the community and to follow the recommendations of the professionals; [ 21 ] ORDERS that the contact between the mother and the child be encouraged, as frequent as possible, and that they be supervised by the Director of Youth Protection as for the modalities and the frequency; [ 22 ] ORDERS that the child receive all medical care and social services required by his situation; [ 23 ] ORDERS that aid, counselling and assistance be provided to the mother and the child for a period of one year; [ 24 ] AUTHORIZES all service providers to the family to share information with the Director of Youth Protection; [ 25 ] TAKES NOTICE of the request of the mother that her sister be assessed to acts as foster family for the child; [ 26 ] ORDERS the mother to collaborate with the Director of Youth Protection; [ 27 ] ORDERS that the mother and the Social Worker communicate with each other at least once a week for the first four months; [ 28 ] ORDERS any police officer to collaborate with the execution of the measures ordered if requested to do so by the Director of Youth Protection or one of its representatives; [ 29 ] ENTRUSTS the situation of X to the Director of Youth Protection A for the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Camille Champeval DYP A Lawyer for the applicant Mtre. Yan Massé Centre communautaire juridique A Lawyer for the child Mtre. Michel Grenier Lawyer for the mother Date of hearing: September 6, 2017