2018 QCCQ 19021, 2018 QCCQ 19021

Protection de la jeunesse — 1810231 2018 QCCQ 19021 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 614-41-000378-184 DATE: December 21, 2018 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2017 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A, residing and domiciled [...] Mother and B, residing and domiciled in [...] Father ______________________________________________________________________ JUDGMENT (sections 95 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 ] Mrs. [social worker 1], delegate duly authorized by the Director of Youth Protection A (the Director), submits to the Court a motion asking to declare the security and development of X endangered because the parents’ neglect to provide him the appropriate supervision and the serious risk of neglect (sections 38 b) 1 o iii and 2 o of the Youth Protection Act ). [ 2 ] At the hearing, the parents are present, represented by Me Marie-Ève Bartkowiak for the mother and Me Marie-Josée Ayoub for the father.

Me Yan Massé represents the child and Me Adelia Ferreira, the applicant. [ 3 ] The parties acknowledge the facts that endanger the security and development of the child.

A draft agreement is filed and details those facts: 4.1 The parents have an history of consuming alcohol; 4.2 On September 13 th , 2018, the child was placed in a foster as the child had been left alone in the home, while the mother was in the community drinking, whitout the father’s knowledge; 4.3 The parents signed a provisional agreement that ended on October 13 th , 2018; 4.4 The mother has two other children but one is entrusted to the father in Town A and the other one lives with an aunt; 4.5 The parents have an on and off relationship and the father goes back and forth between Town B, where he is domiciled and the community; 4.6 Despite the provisional agreement, the mother continued to drink; 4.7 The parents maintained minimal contact with the child and the first visit requested was on September 26, 2018; 4.8 On October 12 th , 2018 as the worker was doing an intervention in another home, the mother was found in said home, intoxicated, whitout the father knowing at that time; 4.9 The mother maintains that she has no problem with alcohol and she does not want to go for treatment; 4.10 At the present time, none of the parents are in a position to resume care of the child;

[ 4 ] The measures proposed to the Court in order to put an end to that situation are also enumerated in the draft agreement. [ 5 ] The consent of the parties was given in a free and enlightened manner and the Court verified with them the validity of their consent. [ 6 ] The Court is of the opinion that these measures are likely to put an end to the situation in which the security and development of the child are compromised. [ 7 ] The measures respect the rights and the interest of the child.

FOR THOSE REASONS, THE COURT: [ 8 ] GRANTS the motion; [ 9 ] DECLARES that the security and development of X, born on [...], 2017, are endangered; [ 10 ] RATIFIES and ORDERS the implementation of the measures enumerated in the draft agreement; [ 11 ] ORDERS that the child e entrusted to a foster home for a period of six months with reintegration with the mother on the condition she enters and completes a treatment program and she maintains her sobriety for three months; [ 12 ] ORDERS that the frequency and modality of contacts between the parents and the child be determined by the Director, including the degree of supervision; [ 13 ] ORDERS that the father seek help for his substance abuse by attending a drug and alcohol program; [ 14 ] ORDERS that the parents be sober when in the presence of the child; [ 15 ] ORDERS that the parents take steps to resolve their relationship issues through counselling; [ 16 ] AUTHORIZES the Director to obtain and exchange information with service providers working with the family; [ 17 ] ORDERS that a person working for an institution or body provides aid, counsel and assistance to the child and the family for a period of one year; [ 18 ] ORDERS the police to collaborate with the present judgment; [ 19 ] ENTRUSTS the situation of the child to the Director who shall then see that the measures are carried out. __________________________________ DENYSE LEDUC, J.C.Q.

Me Yan Massé Attorney for the child Me Adelia Ferreira Attorney for the applicant Me Marie-Éve Bartkowiak Attorney for the mother Me Marie-Josée Ayoub Attorney for the father Date of hearing: December 11, 2018