2020 QCCQ 9593, 2020 QCCQ 9593

Protection de la jeunesse — 201859 2020 QCCQ 9593 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division »

No: 614-41-000524-191 DATE: February 11, 2020 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A APPLICANT and X, born on [...], 2018 CHILD 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 an application asking the Court to declare that the security and development of X, 15 months old, are endangered pursuant to sections 38 b)

(1) i) and 38 b) (1) iii) of the Youth Protection Act , that is to say that the basic needs of the child are neglected and that the parents fail to provide proper supervision to the child. [ 2 ] At the hearing, the mother is present and represented by Mtre. Michel Grenier. Mtre. Yan Massé acts on behalf of the child on a legal mandate and Mtre.

Magdalena Lempicka represents the applicant. [ 3 ] The mother admits almost all of the allegations of the application and is in agreement with the recommendations made by the Social Worker. [ 4 ] The evidence reveals that mother and child lived with the maternal grandfather. On November 21, 2019, the child was found alone at home. Nobody was there.

It goes without saying that a child of this age is highly vulnerable and should not have been left alone. [ 5 ] It happens that the mother goes out drinking, leaving the child with members of the family, without warning them that they are babysitting the child. [ 6 ] On December 2, 2019, the mother left the child with the 9-year-old niece. The grandfather was at home, but was not informed that the child was under the surveillance of the niece.

At that moment, the mother left to go drinking and she did not enquire about the whereabouts of the child until December 5, 2019. [ 7 ] At the hearing, the mother acknowledges that she has issues with alcohol consumption and anger management. She wishes to attend a treatment centre in order to solve her problems. She would also be willing to meet with a therapist to resolve the underlying issues that led her to drink. [ 8 ] The Court informed the mother that she has no time to waste if she wishes to regain custody of her son.

He is creating bonds with the foster family. [ 9 ] She exercises her access rights regularly and it is important that she continue to be constant in order to maintain her bond with the child.

[ 10 ] The mother also has to be respectful with the Social Worker at all times knowing that bursts of anger would only render more difficult the work that has to be done for the well-being of the child. [ 11 ] The Director of Youth Protection recommends a nine-month placement in a foster family. On one hand, it can be said that it is a long period for such a young child, but on the other hand, it is also a very short period regarding the personal problems that must be addressed by the mother. [ 12 ] The Court is satisfied that the recommendation made is in the best interest of the child.

FOR THESE MOTIVES, THE COURT: [ 13 ] GRANTS the application; [ 14 ] DECLARES that security and development of X, born on [...], 2018, are in danger according to sections 38 b) (1) i), and 38

(1) b) iii) of Youth Protection Act ; [ 15 ] ORDERS the placement of X in a foster family for a period of 9 months, with a possible reintegration with the mother after 6 months if the situation allows it and as long as the mother has been sober for a period of 2 months in a row; [ 16 ] ORDERS that access rights with the mother be encouraged, but supervised by Director Youth Protection as for the frequency and modalities, including the presence of a third person approved by the Director of Youth Protection if necessary; [ 17 ] ORDERS the mother to be and remain sober at all times when in the presence of the child; [ 18 ] ORDERS the mother ensure that the child is not put in the presence of people under influence of intoxicating substances; [ 19 ] ORDERS the mother to ensure that the child is not exposed to any form violence; [ 20 ] ORDERS the mother to attend and complete an alcohol and drug treatment program as an inpatient and follow the recommendations made by the professionals; [ 21 ] ORDERS the mother to seek therapy to address her personal unresolved issues; [ 22 ] ORDERS the mother to collaborate with the Youth Protection Worker and to meet with this one upon request; [ 23 ] ORDERS the mother to attend any parental skills workshop recommended by the Social Worker; [ 24 ] ORDERS that the Director of Youth Protection provide aid, counselling and assistance to the child and the family for a period of one year; [ 25 ] ORDERS any peace officer to collaborate with the execution of the Court order if requested to do so by the Director of Youth Protection or one of its representatives; [ 26 ] ENTRUSTS the situation of the child to the Director of Youth Protection A who shall then see that the measures are carried out.

Signed in Town A on March 31, 2020 ________________________________ LUCILLE CHABOT, J.C.Q. Mtre. Magdalena Lempicka Ferreira, Lempicka, Attorneys Attorney for the applicant Mtre. Yan Massé Centre communautaire juridique A – Town B Attorney for the child Mtre. Michel Grenier Michel Grenier, Avocat – Town C Attorney for the mother Date of hearing: February 11, 2020