2012 QCCQ 9276, 2012 QCCQ 9276

Protection de la jeunesse — 123030 2012 QCCQ 9276 COUR DU QUÉBEC CANADA PROVINCE DE QUÉBEC DISTRICT DE [...] LOCALITÉ DE [...] « Chambre la jeunesse N° : 505-41-006795-126 DATE : 13 avril 2012 ______________________________________________________________________ SOUS LA PRÉSIDENCE DE L’HONORABLE JEAN GRAVEL ______________________________________________________________________ DANS L'AFFAIRE DE L'ENFANT: X, née […] 2010 Enfant c. [INTERVENANTE 1] Requérante et A B Parents ______________________________________________________________________ JUGEMENT (article 38 de la L.P.J.) ______________________________________________________________________ [ 1 ] In accordance with

section 38 of the Youth Protection Act, the Court is seized of a motion to have the security and development of X declared in danger for the reasons appearing in paragraph of the motion. [ 2 ] With consent and to serve as evidence, the Director of Youth Protection filed various exhibits (D-2 to D-4) in the record, as the minutes of the hearing show. [ 3 ] Through her attorney, the mother admits all the allegations except

b) is denied in the petition and expressed his agreement with the measures. [ 4 ] Through his attorney, the father makes of the admissions petition

a) admitted;

b) i) admitted;

b) ii) denied;

b) iii) iv) admitted;

f) admitted; g)h)i)j)k)l)

m) ignored;

n) admitted;

o) admitted;

p) q) admitted. The father expressed his agreement with the measures wanted. [ 5 ] Through her attorney, the child ignored all the allegations and expressed his agreement with the measures. [ 6 ] The security and the development of the child are considered to be in danger for the following reasons: ➢ Until October 25 th , 2011, the child was living with her parents; ➢ On October 25 th , 2011, the situation of the child has been signaled and more precisely: .1. The parents have been evicted from their apartment; .2. The parents damaged the apartment; .3. The parents use drugs and alcohol; .4.

The parents used violent behaviours against each other; ➢ On October 25 th , 2011, immediate protection measures were signed entrusting the child to her mother as she agreed to reside at Women's Shelter A on area A; ➢ On October 31 st , 2011, the mother discharged form the shelter against the petitioner recommendation; ➢ On November 1 st , 2011 the mother informed the petitioner that she has leased an apartment with the maternal grandmother; ➢ The maternal grandmother ensured the petitioner that she would be checking in on the mother and the child to make sure that the

father will not be present home; ➢ On November 1 st , 2011, the mother agreed that she would no longer see the father; ➢ On November 1 st , 2011 the mother agreed to receive addiction and psychological services; ➢ On November 9 th , 2011, the mother called the Peacekeepers to remove the maternal grandmother from her residence; ➢ On January 10 th , 2012, the addiction worker closed her file as the mother was not coming to her appointments and not returning phone calls; ➢ On January 14 th , 2012, the mother was physically assaulted by the father; ➢ On January 14 th , 2012 the petitioner has been informed that the parents are living together; ➢ On January 14 th , 2012, the father has been arrested and detained at the detention center A; ➢ On January 18 th , 2012, immediate protection measures were taken entrusting the child to her maternal grandmother; [ 7 ] X is a little girl that will be 2 years old in […] with her parents until October 25 th , 2011. [ 8 ] Both her parents use drug and alcohol.

The parents also use violent behaviours against each other. [ 9 ] At the end of October the mother, Mrs A asked for support from center A addictions worker Mrs [social worker 2]. [ 10 ] The situation at home was unsustainable, mother was asked to leave home by her landlord, because the ******** was ********* the father has been violent throwing a bee bottle through the window. [ 11 ] The mother agreed to reside in a Woman's Shelter with her child. [ 12 ] After a few day mother changed her mind and wanted to reside by herself with the child with her mother's support. [ 13 ] In November mother had an argument with her own mother and asked her to leave the premises. [ 14 ] On January 14 th , 2012 the father Mr B came back home and assaulted the mother causing her hospitalization. [ 15 ] On January 18 th , the child was entrusted to her maternal grandmother. [ 16 ] Since X has been entrusted to Mrs C mother has spent most of her time with the child and the grand mother's home. [ 17 ] Mother claims that she wants change in her life but needs to demonstrate a real motivation to go on with services offered. [ 18 ] The father was released from detention.

He refuses to enter residential center. [ 19 ] The child is in danger being confronted by the domestic violence prevailing between her parents and because of their drug and alcohol abuse they have not been able to settle. [ 20 ] THEREFORE, THE COURT : [ 21 ] DECLARE that the security and the development of the child X are in danger; [ 22 ] ORDERS THE WHOLE MEASURES FOR SIX

(6) MONTHS; [ 23 ] ORDERS that the child X be entrusted to her maternal grandmother, Ms C; [ 24 ] ORDERS that the contacts between the mother and the child X be upon agreement between the parties. The Court is informed that the grandmother will have some decisions to make on the opportunity to allow the mother to be in contact alone with the child; [ 25 ] ORDERS that the contacts between the father and the child X be upon agreement between the parties and supervised by a person designated by the DYP; [ 26 ] ORDERS that the contacts between the paternal grandmother, Ms D, and the child be according to the

schedule made by the DYP. The

Schedule will be for a week in a presence person designated by the DYP; [ 27 ] ORDERS that the parents actively engage with center A Addictions services namely the followings: o Addiction screening and assessment and follow recommendations; o Random screening test (alcohol and drug); o Psychological support and follow its recommendations; [ 28 ] ORDERS that the parents meet report in person, at regular intervals, to their case worker to income him of the current situation

[ 29 ] ORDERS that the person working for an institution or body provide aid, counselling or assistance to the child X and both parents; [ 30 ] ENTRUSTS the situation of the child X to the Director of Youth Protection of le Centre Jeunesse A for the execution of the judgment; [ 31 ] THE WHOLE WITHOUT COST. __________________________________ JEAN GRAVEL , juge Cour du Québec Chambre de la jeunesse Me Mylène Francoeur, procureure de la DPJ Me Patrick Cormier, procureur à l'enfant Me Kathleen O'Meara, procureure de la mère Me Nancy Côté, procureure du père Date d’audience : 26 mars 2012