2016 QCCQ 6586, 2016 QCCQ 6586

Protection de la jeunesse — 162756 2016 QCCQ 6586 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 640-41-001943-155 DATE: April 13 th 2016 PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. IN THE MATTER OF: X, born on [...] 2014 Child [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A Applicant and A, residing and domiciled in Town A, Quebec, district A Mother JUDGMENT ( Sections 38 and 75 , Youth Protection Act , R.S.Q. 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 that the security and development of the child, X, are in danger. [ 2 ] The Court proceeded in the presence of the mother on April 13 th 2016 in Town A. [ 3 ] The child is two years old. [ 4 ] The mother admits the alleged facts and accepts the measures proposed by the Director. [ 5 ] The Director is implicated in the child’s young existence since 2014. The mother has a problem of alcohol abuse.

She has signed voluntary agreements with the Director. [ 6 ] The mother was arrested on several occasions for being intoxicated, for fighting with others while her baby was on her back, driving a vehicle while intoxicated and in the presence of the baby. [ 7 ] Up until last January 2016, the mother did not collaborate nor respond to the scheduled meetings. [ 8 ] On January 29 th 2016, the mother called the Director saying that she had given birth to another child in Town B and that she had given that baby for adoption. [ 9 ] The Director has observed a significant bond between the child and the mother.

The child has been in foster care since December 2015. [ 10 ] The Director wants to entrust the child back to his mother in the coming weeks. FOR ALL THESE REASONS COURT: [ 11 ] GRANTS the motion; [ 12 ] DECLARES that the security and development of the child, X, are in danger in virtue of Sections 38 b) 1) iii) and 38 b) 2) of the Youth Protection Act ;

[ 13 ] ORDERS that the child be entrusted to a foster family chosen by the institution operating a child and youth protection centre with a possible reintegration with the mother if the situation allows it as soon as possible; [ 14 ] ORDERS that the mother take an active

part in the application of the measures; [ 15 ] ORDERS that the mother report in person at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 16 ] ORDERS that the mother remain sober in the presence of the child; [ 17 ] ORDERS that the mother remain without any violent behaviour in the presence of the child; [ 18 ] RECOMMENDS that the mother seek help through social services or any other organization concerning her alcohol issues; [ 19 ] ORDERS that the contacts between the child and the mother be determined by the Director as to the modalities, the frequency and the degree of supervision; [ 20 ] AUTHORIZES the Director of Youth Protection to conduct unannounced visits in the family household; [ 21 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and the mother; [ 22 ] ORDERS the police to collaborate to the execution of the enactment; [ 23 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection for the execution of the measures; [ 24 ] THE WHOLE until June 17 th 2016. __________________________________ JEAN GRAVEL, J.Q.C.

Mtre Donald Bourget, Attorney for the applicant Mtre Cassandra Neptune, Attorney for the child Mtre Angèle Tommasel, Attorney for the mother