2014 QCCQ 18768, 2014 QCCQ 18768

Protection de la jeunesse — 146592 2014 QCCQ 18768 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001785-143 DATE: October 20, 2014 ______________________________________________________________________ BY THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in [TOWN A] Applicant and X, born […], 2014 Child and A Mother and B Father ______________________________________________________________________ JUDGMENT (

section 38 , Youth Protection Act , CQLR, c. P-34.1) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing 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 submitted a motion asking the Court to declare that the security and the development of X are endangered pursuant to paragraphs ( b )(1)(iii) and ( b )(2) of

section 38 of the Youth Protection Act . [1] [ 2 ] The child was not present at Court, but was represented by counsel. The mother was present in Court and assisted by counsel. The father was not present in Court. He was served with the proceedings on August 25, 2014, in [TOWN A], by the youth protection worker.

He was clearly informed of the proceedings, but he did not show up for the hearing. [ 3 ] The mother admitted the followings paragraphs of the motion and agreed with the placement of the child in a foster family for twelve months: 4.1 The Director of Youth Protection is involved in the life of this family since 2013; 4.2 The mother has history of neglecting the child’s sibling; 4.3 The mother has history of entrusting her children to unsuitable sitters; 4.5 On May 23, 2014, the Director of Youth Protection received a report concerning the mother who went out drinking on May 22, 2014 and child was supervised by a thirteen (13) years old boy while the mother was sleeping and recovering from her prior night; 4.7 The child was supervised by A’s mother, C; 4.8 The mother was also ordered to reside at her father’s place, D, with her children; 4.10 The child and her sibling was placed under immediate protective measures in a foster home. [ sic ] [ 4 ] The mother also admitted that the safety and the development of her child X are in danger. [ 5 ] Since July 3, 2014, the mother has been attending a program to upgrade her parental skills at [CENTER A] in [TOWN B] with her two children. [ 6 ] X is living in a foster home and attends the program two or three days a week with her mother. [ 7 ] The mother also has a drinking problem that she needs to address to be able to raise her children safely.

[ 8 ] She admitted that she has had alcohol three times since X was born and each time she had the responsibility of her children X and E. [ 9 ] The father is not involved in X’s life. He has a girlfriend and they live in [TOWN A]. He was never present for the Court hearing. FOR THESE REASONS, THE COURT: [ 10 ] GRANTS this motion; [ 11 ] DECLARES that the security and the development of X, born […], 2014, are in danger under

section 38 ( b ) (1) and ( b )(2) of the Youth Protection Act ; [2] [ 12 ] ORDERS that X be entrusted to a foster home for a period of twelve months; [ 13 ] ORDERS that the visits between X and the parents be supervised by the Director of the Youth Protection as to frequency and terms; [ 14 ] ORDERS that the parents be sober in the presence of X; [ 15 ] ORDERS that the mother be evaluated regarding her alcohol abuse and that treatment be offered, if needed; [ 16 ] ORDERS that the parents cooperate with the Director of Youth Protection; [ 17 ] ORDERS that the Director of Youth Protection provide aid, counselling and assistance to the child and to the parents for a period of twelve months; [ 18 ] ORDERS that the child continue to attend [CENTER A] with her mother, in keeping with the mother‘s capacity and the child‘s need; [ 19 ] ORDERS reintegration into the mother care after nine months, if the situation allows; [ 20 ] ORDERS that the Director of Youth Protection assist the mother in finding a house in [TOWN A]; [ 21 ] ORDERS that a copy of this judgment be served on the father; [ 22 ] ORDERS that the Director of Youth Protection clarify the situation with the father regarding the child; [ 23 ] ORDERS the execution of the present decision by any peace officer; [ 24 ] ENTRUSTS the situation of the child, X, born […], 2014, to the Director of Youth Protection A, who shall then see that the measures are carried out. __________________________________ MARC OUIMETTE, J.C.Q.

Mtre. Suzanne Arpin […] Counsel for the applicant Mtre. Yan Massé Centre communautaire juridique A Counsel for the child Mtre. Clara Lafrance-Egervari Counsel for the mother Date of hearing: August 26, 2014