2012 QCCQ 15581, 2012 QCCQ 15581

Protection de la jeunesse — 123254 2012 QCCQ 15581 JC1649 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] « Youth division » N° : 635-41-000459-120 DATE : May 8, 2012 UNDER THE PRESIDENCE OF : HONOURABLE PAUL CHEVALIER, J.C.Q.

In the case of : X ([…], 2004) JUDGMENT ON A MOTION FOR PROTECTION (Sec. 38, Youth Protection Act) [ 1 ] The Director of Youth Protection asks the Court to declare the security and development of the child X (2004-[…]) and of her sister in danger. [ 2 ] The parties have filed a draft agreement acknowledging that the security and development are in danger for the following reasons: 2.1. Since 2009, the mother displays health problems that require regular medical care in Town A; 2.2. The aunt A is the main Caregiver of the children; 2.3. The Caregiver displays alcohol related problems; 2.4.

The children witnessed many verbal and physical violence between the mother and the Caregiver; 2.5. On many occasions, the Caregiver left the children without proper supervision; 2.6. The Caregiver is sometimes verbally and physically abusive towards the children; 2.7. The children do not attend school on a regular basis; 2.8. On January 31, 2012, the Caregiver hit the children with scissor handles; 2.9. On February 7, 2012, the Caregiver called the Youth Protection and stated that she did not have food to feed the children; 2.10.

On March 22, 2012, the Youth Protection had to intervene at the house of the Caregiver as she was highly intoxicated while the children were present; 2.11. During the intervention, the Caregiver was verbally and physically aggressive towards the Youth Protection worker; 2.12. Following the event, the Caregiver was detained and released from jail with conditions not to consume alcohol; 2.13. The mother is presently in Town A for medical reason; 2.14. The Caregiver does not want to collaborate with Youth Protection.

[ 3 ] The parties also agree on the measures to be applied. [ 4 ] FOR THESE REASONS, THE COURT: [ 5 ] GRANTS the motion for protection; [ 6 ] DECLARES that the security and development of the child X are in danger; [ 7 ] ORDERS that the children are entrusted to their older brother B; [ 8 ] ORDERS that the children, their mother and B take an active

part in the application of the measures ordered bye the tribunal; [ 9 ] ORDERS that a person working for an institution provides aid, counseling and assistance to the children and their family for a 9 months period; [ 10 ] ORDERS that C be evaluated by a psychologist; [ 11 ] ORDERS that the mother continues to seek help from the CLSC; [ 12 ] ORDERS that the children attend school every day unless they are sick; [ 13 ] ORDERS that the children's medical issues are attended to immediately; [ 14 ] ORDERS that the children not be around people who are intoxicated. PC/nc PAUL CHEVALIER, J.C.Q.

Me Marianne Gagnon-Bourget, For the D.Y.P. Me Daniel Ouellette, For the child, present. Me Marie-Claude De Gagné, For the mother, present. Date of the hearing : May 8, 2012