2016 QCCQ 10991, 2016 QCCQ 10991

Protection de la jeunesse — 164792 2016 QCCQ 10991 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT [...] TOWN [...] Youth Division No.: 640-41-001921-151 DATE: August 11, 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 the A C.Y.P.C., working in Town A, Quebec, District A Applicant and MRS A, presently detained at Leclerc Detention Center in Laval, Quebec, District of Laval Mother and MR B, presently detained at Leclerc Detention Center in Laval, Quebec, District of Laval Father ______________________________________________________________________ JUDGMENT (Section 95 (par. 1) 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. asks the Court to review the last decision rendered on January 8, 2016 by the Honourable Jean Gravel, JCQ, concerning X, born on […], 2015.

He asks for the prolongation of the placement in a foster family until October 17, 2016. [ 2 ] At the hearing, the parents are represented by Me Angela Tommasel. The mother is detained and the father is present. Me Cassandra Neptune represents the child and Me Aubrée Coutanson the petitioner. [ 3 ] As the mother is detained and the father was just released from jail last June 20, 2016, they admit all the allegations of the petition and they agree with the measures. [ 4 ] The parents' situation remains similar as the one described in the last judgment. They are unstable.

The mother spent most of the time in detention. Released on April 14, 2016, she was arrested again the same week and detained since. While intoxicated, she assaulted her sister. The father also spent time in detention and he was just released. Since, he lives at his parents' house. [ 5 ] Even if they care for X and say that they want more contacts with her, the father never met the social worker. The mother asks to have her child back but her important issues remain. [ 6 ] The child X is placed since May in a foster family interested for a long-term involvement.

No member of the extended family is in a position to assume the child. X is placed since the age of two weeks. She does not have bond with her parents.

The Director of Youth Protection had to place the child in a down South family to establish a life plan for X. [ 7 ] He needs few months to evaluate this placement, the bound between the child and the foster parents, the parents' improvement and their interest. [ 8 ] Considering the evidence and the parents' agreement; FOR THESE MOTIVES, THE COURT: [ 9 ] GRANTS the petition; [ 10 ] DECLARES that the security and development of X are still in danger; [ 11 ] ORDERS the placement of X in a foster family for a period of three months; [ 12 ] RECOMMENDS the Director of Youth Protection to establish a life plan for the child;

[ 13 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the child and the parents for a period of three months; [ 14 ] ORDERS the Director of Youth Protection to supervise the contacts and visits of the parents to the child (frequency, duration and degree of supervision); [ 15 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q. Me Aubrée Coutanson Attorney for the applicant Me Angela Tommasel Attorney for the parents Me Cassandra Neptune Attorney for the child Date of hearing: July 12, 2016