2018 QCCQ 18514, 2018 QCCQ 18514

Protection de la jeunesse — 188367 2018 QCCQ 18514 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 614-41-000348-187 DATE: October 4, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE MARC OUIMETTE J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection case worker, duly authorized by the Director of Youth Protection A Applicant and X , born on [...], 2008 Child and A Mother and B Father _____________________________________________________________________ JUDGMENT ( sections 38 and 75 , Youth Protection Act , CQLR., c.

P-34.1) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication 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 filed a motion asking the Court to declare the security and the development of X to be in danger pursuant to sections 38 ( b )1(iii) and ( b )2 of the Youth Protection Act . [1] [ 2 ] At the hearing, the child was not present but was represented by a counsel. The parents were not present, although duly notified. [ 3 ] X’s father, B, is not involved in her life. He refuses to recognize her as his daughter.

X was living with the mother, her partner, C, D and E, her sister and her brother. The child’s situation has been reported on at least two separate occasions, in November 2016 and in April 2018, concerning drinking in the home and partying. The mother has a history of drinking. [ 4 ] On July 5, 2018, the child was removed from the home, as the mother was intoxicated by alcohol. [ 5 ] On July 6, the child was supposed to return home, but the mother was still intoxicated.

The mother continued drinking all weekend and X was maintained in the foster home under immediate protective measures. [ 6 ] On July 9, 2018, the mother did not show up for her appointment with the Director of Youth Protection’s caseworker. The caseworker saw her highly intoxicated outside of her home. [ 7 ] The band office indicated it would board the home because of partying. [ 8 ] The mother’s partner, C, was in City A for the weekend of July 5 to July 8, 2018. Security and development: [ 9 ] X is nine years old and she is vulnerable. The mother has a serious drinking problem.

X’s father is not involved in her life. The child is neglected. The mother does not provide appropriate supervision. The child’s security and development are in danger. Measures: [ 10 ] The parties present at the hearing recommend placement in a foster home for a period of twelve (12) months.

FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the motion; [ 12 ] DECLARES the security and development of the child to be in danger under sections 38 ( b )1(iii) and ( b )2; [ 13 ] ORDERS that X be entrusted to a foster family for a period of twelve (12) months; [ 14 ] ORDERS that the frequency and terms of contact between the child and the parents be supervised by the Director of Youth Protection; [ 15 ] RECOMMENDS that the mother seek help for her substance abuse and follow any recommendations to prevent a relapse; [ 16 ] ORDERS that the child not be exposed to any individual under the influence of drugs and alcohol; [ 17 ] ORDERS that X receive counselling ; [ 18 ] ORDERS that the child’s basic and medical needs be met consistently; [ 19 ] ORDERS aid, counsel and assistance for a period of twelve (12) months; [ 20 ] ORDERS that the police cooperate in the execution of this judgment; [ 21 ] ENTRUSTS the situation of the child to the Director of Youth Protection A, who shall then see that the measures are carried out. __________________________________ MARC OUIMETTE, J.C.Q.

Mtre. Adelia Ferreira Counsel for the applicant Mtre. Yan Massé Counsel for the child Date of hearing: September 5, 2018