2019 QCCQ 17815, 2019 QCCQ 17815

Protection de la jeunesse — 196186 2019 QCCQ 17815 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 614-41-000436-198 DATE: May 21, 2019 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A Applicant X, born on […], 2009 Child and A, residing and domiciled in […] Mother and B, residing and domiciled in […] Father ______________________________________________________________________ JUDGMENT (sections 38, 75 and 91 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 A (the Director) submits to the Court a motion asking that the security and development of X, 10 years old, be declared in danger in regards of

section 38 b) 1 o iii of the Youth Protection Act (YPA). [ 2 ] At the hearing, the mother is present assisted by Me Michel Grenier. The child is also present assisted by Me Antoine Meunier. Me Magdalena Lempicka represents the petitioner. [ 3 ] The foster parents are present but not allowed to assist. [ 4 ] The mother admit some allegations and agrees with the recommendations done by the social worker.

The child admits generally the allegations and agrees with the recommendations if he can control the rhythm of his reintegration. [ 5 ] The evidence is completed with the testimonies of the social worker, the foster father, the mother and the reports filed. [ 6 ] Following few formal agreement between the mother and the maternal aunt, X was under maternal aunt’s care most of the four past years. [ 7 ] Since X is four months old, he lives with his aunt and uncle. At the time, they were approached by the Director to assume the child. [ 8 ] They never had an agreement or other document.

They financially assume the child and rise him. The child knows his mother and communicated and visit her as he wanted. He met his siblings and have contacts with them. [ 9 ] The mother has a history of alcohol abuse. She had completed six weeks intensive therapy for drug and alcohol abuse on January 2019. She went back in March 2019 for two weeks. [ 10 ] The mother relapsed. She get intoxicated in front of the child. She does not always take good care of the child when he visits her.

Sometimes, he comes back from visits hungry. [ 11 ] Because of the difficulties during the child’s visits, the aunt and the mother had argument. [ 12 ] The social worker got involved and petitioner realized the unusual status of the child. [ 13 ] A provisional agreement was signed on March 2019 entrusting the child to the maternal aunt and is extended since.

[ 14 ] The father is not involved in the child’s life. [ 15 ] The mother lives with her own father and her two brothers. Even if she is in process of sobriety, she cannot resume care of the child, but she wants to become more involved. She acknowledges her issues and agrees that the child remains with the foster parents but wishes to have regular contacts. [ 16 ] The foster father testified of his and his wife’s attachment to X. They always considered him as their son and as they do not have any child. They rise him as their own.

They discussed years ago with the mother about adoption but as she refused, they continued to invest without any legal status. [ 17 ] Because of her personal issues, the mother is unable to assume the child. During his visits at his mother, X used to play video games for long time and after came back hungry. The mother often has argument with her spouse. The child rather stay at his aunt’s place because it is quiet and safe. [ 18 ] The mother acknowledges that it is dangerous for X to be in her presence when she is under influence of alcohol.

The child was often exposed to her drinking. [ 19 ] Considering such evidence, the Court declares the security and development of X in danger but not for the motives alleged but in regards of

section 38 b) 1 o i and 2 o of the YPA. [ 20 ] As applicable measures, the Court endorses the recommendations of the Director with the parties’ agreement. As the child needs medical services and as the foster mother is aware of his medical history, the Court orders the mother to give the child’s medical card to the foster mother. CONSEQUENTLY, THE COURT: [ 21 ] GRANTS the motion; [ 22 ] DECLARES that the security and development of X are in danger in regards of

section 38 b) 1 o i and 2 o of the YPA; [ 23 ] ORDERS the placement of X in the foster family of C and D for one year; [ 24 ] ORDERS the Director to supervise the contacts and visits of the mother to the child (recommends a calendar of visits) taking consideration of the child wishes; [ 25 ] ORDERS the Director to provide aid, counsel and assistance to the mother, the child and his father for one year; [ 26 ] RECOMMENDS the mother to seek professional help for her alcohol consumption and her personal issues; [ 27 ] RECOMMENDS that the visit of the child to his father be conditional to his implication with the social worker; [ 28 ] TAKES NOTICE that the mother will give the child’s medical card to the social worker in a delay of five days; [ 29 ] ENTRUSTS the situation of the child to the Director who shall then see that the measures are carried out.

Signed in City A on June 11, 2019 __________________________________ DENYSE LEDUC, J.C.Q. Me Antoine Meunier Attorney for the child Me Magdalena Lempicka Attorney for the applicant Me Michel Grenier Attorney for the mother Date of hearing: May 21, 2019