2017 QCCQ 17179, 2017 QCCQ 17179

Protection de la jeunesse — 177663 2017 QCCQ 17179 COURT OF QUEBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002019-161 DATE: October 20, 2017 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2016 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A, district A Applicant and A, residing and domiciled in City A, district A Mother and B, residing and domiciled in City A, district A Father ______________________________________________________________________ JUDGMENT (sections 95 of the Youth Protection Act ) ______________________________________________________________________ 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 Y.P.A.). [ 1 ] The Director of Youth Protection A (D.Y.P.) asks the Court to review the decision rendered on May 9, 2017 by Honourable Judge Lucille Beauchemin concerning the situation of X, one year old. [ 2 ] The applicant, Mrs. [Social Worker 1], asks that the placement of the child be extended until February 23, 2018. [ 3 ] At the hearing, the mother is present assisted be Me Angèle Tommasel. The father is detained, but represented by Me Marianne Léonard.

Me Cassandra Neptune represents the child and Me Aubrée Coutanson, the applicant. [ 4 ] The evidence of the new facts to support of the motion in revision is done with few admissions of the mother, the testimonies of the applicant and the mother and the revision report. [ 5 ] It is proved that the parents still display alcohol and personal issues. They did not seek for any service for their problems. Last June 18, the police had to intervene with the father because he was suspected of forcible confinement and assault with a weapon causing bodily harm in a conjugal violence situation.

He is detained since. [ 6 ] The parents did not collaborate actively with the social worker. Now the mother said she is ready to meet with her. Up to now, the parents did not have contacts with the child. The mother wanted to have one last July but did not come to meet the social worker to organize such contact. [ 7 ] The child has been through six placements since her birth. She is now in a stable home, the foster parents provide her a warm and secure environment. The child is highly vulnerable because of her medical condition ???.

She requires constant care and attention. [ 8 ] The mother wants to meet the social worker regularly and wants to receive counselling to increase her parental capacities. She is now separated from the father and she wishes that her daughter be reintegrated with her. [ 9 ] Considering the mother’s position and the fact that the child is placed in this foster family just since few months, the Court recommends that the social worker presents the mother an intervention plan and the

schedule of the meetings the mother will have to attend. The mother needs to prove her real motivation and her interest to her child. [ 10 ] Considering the evidence, the mother’s agreement with the recommendations; FOR THOSE MOTIVES, THE COURT: [ 11 ] GRANTS the motion;

[ 12 ] DECLARES that the security and development of the child X, born on [...], 2016 are still in danger; [ 13 ] ORDERS that the child be entrusted until February 23, 2018 to a foster family chosen by the institution operating a child and youth protection center; [ 14 ] ORDERS the D.Y.P. to supervise the contacts between the child and her parents with regard to the terms and degree of supervision; [ 15 ] RECOMMENDS that the parents seek help through social services for their alcohol and personal issues; [ 16 ] ORDERS the D.Y.P. to provide aid, counsel and assistance to the child and her parents until February 23, 2018; [ 17 ] ENTRUSTS the situation of the child to the D.Y.P. who shall then see that the measures are carried out. __________________________________ DENYSE LEDUC, J.C.Q.

Me Cassandra Neptune Attorney for the child Me Aubrée Coutanson Attorney for the applicant Me Angèle Tommasel Attorney for the mother Me Marianne Léonard Attorney for the father Date of hearing: August 16, 2017