2019 QCCQ 11664, 2019 QCCQ 11664

Protection de la jeunesse — 192242 2019 QCCQ 11664 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000402-182 DATE: January 11, 2019 ______________________________________________________________________ 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 [...], 2016 CHILD and A MOTHER B FATHER ______________________________________________________________________ JUDGMENT ( Sections 38 and 91 of the Youth Protection Act , C.Q.L.R., 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 the development of X, two years old, are endangered pursuant to paragraphs b)1° iii) and b) 2° of

section 38 of the Youth Protection Act (lack of supervision and serious risk of neglect). [ 2 ] The evidence reveals that the mother has a long history of alcohol and drug abuse. After a period of sobriety during her last pregnancy, the mother resumed drinking at the end of August 2018. She acknowledges her problem with intoxicating substances consumption and is willing to attend a treatment centre such as [centre A] in the mother-child program. [ 3 ] She would be able to be admitted at [centre A] at the end of January.

She is required to stay there for a few weeks before having X reunited with her at the centre. [ 4 ] The situation of X was reported to another Director of Youth Protection in the past and the child was placed in a foster family for a period of six months following a judgment rendered by the Court. At the end of the six months, the child remained in the foster family to this day. [ 5 ] The father is not fully involved with the child and does not see him on a regular basis.

He faces similar problems regarding alcohol and cannabis consumption. [ 6 ] For the time being, the parents are not able to meet all the needs of the child because of these problems. [ 7 ] With the admissions made by the mother and the content of the report filed as evidence, the Court has preponderant evidence that an intervention in the family life is necessary. FOR THESE MOTIVES, THE COURT: [ 8 ] GRANTS the motion; [ 9 ] DECLARES that the security and development of X, born on [...], 2016, are endangered pursuant to paragraphs b)1° iii) and b) 2° of

section 38 of the Youth Protection Act ; [ 10 ] ORDERS the placement of X in a foster family for a period of six months; [ 11 ] AUTHORIZES that the child be reintegrated with the mother if she attends the mother-child program at [centre A] for as long

as she remains in the program. If the mother does not remain at [centre A] for the whole of the program, that the child be reintegrated in the foster family; [ 12 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the family for a period of six months; [ 13 ] STRONGLY RECOMMENDS that the father seek help for his personal problems related to substance abuse; [ 14 ] ORDERS that access rights between the parents and the child be supervised by the Director of Youth Protection as for the frequency and the modalities and the presence of a third party if necessary; [ 15 ] ORDERS that the parents take an active

part in the measures ordered by the Court and fully collaborate with Director of Youth Protection; [ 16 ] AUTHORIZES any professional working with the family to share any information with the Director of Youth Protection; [ 17 ] ORDERS any peace officer to collaborate with the execution of the measures ordered if required to do so by the Director of Youth Protection or one of its representatives; [ 18 ] ENTRUSTS the situation of X to the Director of Youth Protection for the execution of the measures ordered. Signed in Town A on February 19, 2019 __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre Magdalena Lempicka Ferreira Lempicka Attorneys Counsel for the Director of Youth Protection Mtre Yan Massé Centre communautaire juridique A Counsel for the child Mtre Michel Grenier Counsel for the mother Mtre Marie-Ève Bartkowiak Larouche & Girard Counsel for the father Date of hearing: January 11, 2019