2012 QCCQ 8149, 2012 QCCQ 8149

Protection de la jeunesse — 124329 2012 QCCQ 8149 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001475-125 DATE: July 16, 2012 ______________________________________________________________________ BY THE HONOURABLE JEAN-PIERRE GERVAIS, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A., working in Town A.

Applicant and X, born on […], 2008 Child and A Mother and B Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The applicant in this case is asking to declare endangered the development and security of X, three and a half years old. [ 2 ] At the hearing, besides the applicant, only the child is represented by counsel; of course, she is absent due to her young age. [ 3 ] Both the mother and father, although duly informed, expressed in writing their intention not to attend the hearing. [ 4 ] In addition, Ms.

A mentioned in the same document that she agreed with the measures suggested by the Director of Youth Protection, which include a six-month foster placement. [ 5 ] From the documents filed and the evidence set forth by one single witness, [Social Worker 2], the Court notes the following essential elements. [ 6 ] X is the second child born of the union of Ms. A and B. The couple has been separated for some time.

The father acknowledges his paternity for the older daughter, Y, but not for X, although he is designated as such on her birth certificate. [ 7 ] Consequently, he clearly indicated that he did not want to be involved in any way in X’s life or to take any responsibility for the child. [ 8 ] Based on what was reported by Ms. [Social Worker 2], his only wish is to be fully dissociated from the child’s life. [ 9 ] As to the mother, she shows some difficulties, probably as a result of an untreated past depression as well as an alcohol and marihuana abuse problem that she has never dealt with. [ 10 ] Furthermore, according to psychologist Joseph Beltempo, the mother displays some bipolarity symptoms changing, at intervals, from extreme enthusiasm to depression-like state. [ 11 ] As there is no clear diagnosis in this regard, he does not go further than observing the symptoms. [ 12 ] It is nevertheless a fact that her mood swings permeate all spheres of her life, as expressed by the Social Worker. [ 13 ] Indeed the latter did notice that both the mother’s mood and words can vary markedly. [ 14 ] Although she often saw Ms.

A being very aggressive and little concerned with her daughter’s welfare, recently she has seen her behave more than adequately during the visits.

[ 15 ] As a result, she has no doubts that the mother could act appropriately with her daughter if she were to undertake a serious healing process for her present condition and the problems she is facing. [ 16 ] However, another circumstance that needs to be remedied is the presence of the mother’s new partner, Mr. C. [ 17 ] The evidence reveals that he was possibly violent, not only with the mother but also with the child. [ 18 ] Although Ms.

A denied the recent episode reported by X, she admitted on a few occasions that the man did take it out on her daughter. [ 19 ] This situation is completely intolerable and unacceptable.

In the circumstance, any proximity between them will be prohibited. [ 20 ] Considering the admissions, the mother’s agreement and the evidence presented, it appears justified to grant the application and to order the implementation of measures aimed at ending the endangered situation. [ 21 ] FOR THESE REASONS, THE COURT: [ 22 ] GRANTS the motion; [ 23 ] DECLARES that the security and the development of X are in danger; [ 24 ] ORDERS the foster placement of the child for a period of six months with gradual reintegration with the mother, if the situation allows; [ 25 ] ORDERS that the contacts between the child and the mother be supervised by the Director of Youth Protection in term of modality and frequency; [ 26 ] ORDERS that all contacts between Mr.

C and the child be prohibited; [ 27 ] ORDERS the mother to be sober when the child is present; [ 28 ] ORDERS that a psychological assessment be performed on the child as soon as possible; [ 29 ] ORDERS that the child continue to attend the child care facility; [ 30 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and her family; [ 31 ] ORDERS the mother to consult the Social Services for her personal issues and to enhance her parental abilities; [ 32 ] ORDERS the mother to report in person, on a regular basis, to the Director of Youth Protection to give information on the current situation; [ 33 ] ORDERS the police to collaborate in the execution of this enactment; [ 34 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the measures that are ordered. __________________________________ JEAN-PIERRE GERVAIS, J.C.Q.

Me Gabriel Gaudreault Cain Lamarre Casgrain Wells Lawyers for the applicant Me Cassandra Neptune Centre communautaire juridique A Lawyers for the child Date of hearing: June 19, 2012