2016 QCCQ 10943, 2016 QCCQ 10943

Protection de la jeunesse — 164779 2016 QCCQ 10943 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 635-41-000706-165 DATE: August 22, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2015 MRS [Social Worker 1], youth protection worker, duly authorized by the Director of Youth Protection of A C.Y.P.C., working in Town A, Quebec, District A Applicant and MRS A, residing and domiciled in Town A, Quebec, District A Mother and MR B, presently detained in the detention centre of Amos, Quebec, District of Abitibi Father ______________________________________________________________________ JUDGMENT (Sections 38, 75 and 91 YPA, RSQ 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 YPA). [ 1 ] The Director of Youth Protection of the A C.Y.P.C. submits the Court a motion for protection concerning the situation of X, born on […], 2015, because of the serious risk that her parents would not provide her the basic needs, because of psychological ill- treatment and serious risk that the child be victim of bodily injury (section 38 (b) (2), (

c) and (e) (2) of the Youth Protection Act). [ 2 ] The Director of Youth Protection recommends the Court to entrust the child to a foster family with reintegration with the mother as soon as possible depending of the evolution of her situation. [ 3 ] At the hearing on July 14, 2016, the father is present, assisted by Me Angela Tommasel. Me Marie-Claude De Gagné represented the mother and Me Cassandra Neptune the child.

Me Geneviève Apollon assisted the applicant. [ 4 ] The mother, by her lawyer, admits all the allegations and agrees with the recommendations. [ 5 ] The father admits few allegations and also agrees with the recommendations. [ 6 ] The evidence is completed with an occurrence reports of the police of Town A dated April 17, 2015 to May 6, 2016 and medical notes from Dr Morantz and Dr Gauthier from McGill University Health Centre dated May 7 to May 12, 2016 concerning X. [ 7 ] The parents have substance and conjugal violence issues. They are in relationship since a year and they do not have their own house.

They live at their parents' place. [ 8 ] On March 11, 2016, the Director of Youth Protection received a report as the child had a broken collar bone. [ 9 ] On May 5, 2016, another report was made concerning the child. She was in the arms of the mother when an event of conjugal violence occurred between the parents. During that fight, both parents were intoxicated and they had lots of signs of this fight on their body (bruises, bite marks). [ 10 ] On the same day, the child and her mother were sent to the Montreal Children Hospital by the doctor in Town A.

During the child's hospitalisation, the mother left the hospital every afternoon and night to go drink. She usually came back around 11:00 p.m., but on May 11, she came back at 3:00 a.m. intoxicated by marijuana. [ 11 ] The father got arrested when the mother was in Montreal for the criminal charges she pressed against him and he remains detained since. [ 12 ] The mother and the child came back from Montreal on May 13, 2016. The child remained with the mother under the supervision of a relative, Mrs C, until May 23, and since, the child is placed in a foster home.

[ 13 ] Considering the evidence, the Court concludes that the security and development of X are in danger for the alleged motives. [ 14 ] On the applicable measures inquiry, a social study is filed and the social worker testifies. [ 15 ] The social worker reports that the mother is very attached to her child and is able to decode her baby's needs and to respond to them. The mother shows willingness, collaboration and transparency since the intervention. She got involved in a therapy at Town B Treatment Centre on June 8 and the program is ending on July 20, 2016.

Meanwhile, she has regular contacts with the child. [ 16 ] Following the therapy, she wants to attend workshops for marital and parental capacities. She shows good collaboration and respects all the conditions set by the social worker for her contacts with the baby. [ 17 ] Concerning the father, the social worker needs to evaluate his parental capacities when he will be released. He pleaded guilty on the charges last May and received a jail sentence. [ 18 ] Before letting him with the child, his parental capacities must be evaluated and he also needs to work on his personal issues.

Consequently, his contacts with the child will be supervised by the Director of Youth Protection.

He must show good motivation to change his way of living before letting him alone with the mother and the child and give good collaboration with the social worker offering the social follow-up. [ 19 ] Considering the evidence, FOR THESE MOTIVES, THE COURT: [ 20 ] DECLARES the security and development of the child X in danger; [ 21 ] ORDERS the placement of X in a foster family until November 8, 2016 with progressive reinsertion with the mother as soon as her situation allows it; [ 22 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the child and her parents for nine months; [ 23 ] ORDERS the parents to report in person at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 24 ] ORDERS the parents to seek help for their personal issues (detoxification therapy and external follow-up as required, marital workshops and parental capacities workshops); [ 25 ] ORDERS the Director of Youth Protection to supervise the contacts and visits of the parents with the child (frequency, duration and presence of a third person); [ 26 ] ORDERS the police to collaborate to the execution of this present judgment; [ 27 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Geneviève Apollon Attorney for the applicant Me Marie-Claude De Gagné Attorney for the mother Me Angela Tommasel Attorney for the father Me Cassandra Neptune Attorney for the child Date of hearing: July 14, 2016