2012 QCCQ 15610, 2012 QCCQ 15610

Protection de la jeunesse — 123285 2012 QCCQ 15610 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division N o : 640-41-001463-121 DATE: April 24, 2012 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born [...], 2008 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A C.Y.P.C., Quebec, district A Petitioner and A, residing and domiciled in Town A, Quebec, district A Mother and B, residing and domiciled in Town A, Quebec, district A Father ______________________________________________________________________ JUDGMENT (Sections 38 and 91 Y.P.A. , chap.

P-34.1 R.S.Q. ) ______________________________________________________________________ [ 1 ] [Social Worker 1], delegate of the Director of Youth Protection A C.Y.P.C., asks the Court to declare the security and development of X in danger because the parents of the child do not meet the child's needs and because of the psychological ill treatment (section 38 (

b) and (

c) Y.P.A. ) [ 2 ] At the hearing, the mother is present, represented by Me Angela Tommasel. Me Yan Massé represents the child and Me Robert-André Adam the applicant. The father is absent. [ 3 ] The mother admits some allegations and agrees with the recommendations. The evidence is completed by the testimony of the Social Worker. [ 4 ] Since 2008, the family receive help from Youth Protection because of the parents' problems related to alcohol and conjugal violence. Over the last months, the police and the Youth Protection had to intervene regularly.

On November 1, 2011, police intervened because the parents, drunk, were fighting in presence of the child. They had also to intervene on November 16 in similar circumstances. [ 5 ] On January 20, 2012, the father, while intoxicated, left the child to the grandmother. They signed voluntary measures on January 24 with strict conditions to respect, but on February 9, the mother was found intoxicated, walking in the street with the child. Consequently, on February 10, the provisional measures agreement were changed and the child had been entrusted to the grandmother until the mother leaves for a treatment centre.

On February 17, both parents, intoxicated, went to pick up the child at the grandmother's place. [ 6 ] Finally on February 28, the mother left for [Centre A] in Town B with her child, but after a month, on March 21, she quit the program. [ 7 ] Considering that the parents are regularly intoxicated, often require the help of the grandmother whom is overwhelmed by the situation, they do not respect any measures, their situation do not improve and they are unable to assume the security and the child's needs, the Court declare the security and development of X in danger. [ 8 ] On applicable measures, the Social Worker recommends the child's placement in a foster family for six months providing the parents sufficient time to work on their problems. [ 9 ] The mother declares that she will attend therapy in Town C at the end of May.

She is ready to attend treatment and is aware that if the father does not participate to the social follow up and does not attend therapy, she will have to live apart if she wants to assume her child.

[ 10 ] At this point, the father does not acknowledge his problems of consumption and violence and seems unaware of the consequences of his behaviour on his child.

He really needs to get involved with the Social Worker and be informed of his parental responsibilities. [ 11 ] Considering the evidence, the mother's agreement and the child's best interest, [ 12 ] FOR THESE MOTIVES, THE COURT : [ 13 ] DECLARES that the security and development of X are in danger; [ 14 ] ORDERS the placement of X in a foster family for a period of six months with progressive reinsertion if the evolution of the situation allows it; [ 15 ] ORDERS the mother to attend detoxification treatment; [ 16 ] ORDERS the father to attend therapy for his violence and alcohol issues; [ 17 ] ORDERS the parents to be sober in the presence of the child; [ 18 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the child and the parents for a period of one year; [ 19 ] ORDERS the parents to collaborate actively with the Social Worker; [ 20 ] ORDERS any police officer to collaborate in the execution of the present enactment; [ 21 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing this enactment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Robert-André Adam, attorney for the petitioner Me Angela Tommasel, attorney for the mother Me Yan Massé, attorney for the child Date of hearing: April 2, 2012