2014 QCCQ 13668, 2014 QCCQ 13668

Protection de la jeunesse — 141990 2014 QCCQ 13668 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001699-146 DATE: March 25, 2014 ______________________________________________________________________ BY THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ SOCIAL WORKER 1, youth protection worker, duly authorized by the Director of Youth Protection of […] C.Y.P.C., working in […] Applicant and X, born on […], 2013 Child and A Mother and B Father ______________________________________________________________________ JUDGMENT ( sections 38 and 75 , Youth Protection Act , CQLR, c.

P-34.1) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing 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.).

The proceedings were under the name X, but it appears from the birth certificate that her real name is X . [ 1 ] The Director of Youth Protection submitted a motion asking to the Court to declare that the security and the development of X were endangered pursuant to subparagraphs (b)(1)(iii) and (

c) of

section 38 of the Youth Protection Act . [1] [ 2 ] The child was not in Court, considering her age, but counsel represented her.

The parents were present and were assisted by counsel. [ 3 ] The father is currently detained and he should finish his sentence in June 2014. [ 4 ] The parents admitted the following facts: The parents display alcohol related problems; The parents display conjugal violence problems; When the baby was born, the parents wanted to give her up for traditional adoption but no one was found in the community; The maternal grandmother accepted to take care of the baby’s oldest siblings but is not willing to take care of the baby on a full time basis; On March 16, 2013, the Youth Protection had to intervene because the baby was found alone with her sibling at the family residence while the parents were intoxicated in the community; The baby was placed in a foster family; On the same day, the Youth Protection had to intervene again to place the baby after she was brought back to the mother who was

intoxicated; On March 18, 2013, a Provisional Agreement was signed with to parents to place the baby in foster care; On April 6, 2013, the parents got intoxicated and the mother was physically abused by the father in the presence of the baby and her siblings during a planned visit; On April 17, 2013, Voluntary Measures were signed by the parents to place the baby for a period of 6 months as it appears from a copy of the measures, filed as Exhibit D-2 ; On October 15, 2013, other Voluntary Measures were signed by the parents for a period of 1 year as it appears from a copy of the measures, filed as Exhibit D-3 ; In the past year, both parents have been detained several times notably for incidents of assault; Since November 2013, the mother has been attending a treatment at [center A] and is supposed to graduate in May 2014. [ sic ] [ 5 ] The youth protection delegate recommended that the placement period be extended in order to allow the mother to finish her treatment program at [center A] and hopefully be able to have the care of her daughter two months after the end of the treatment. [ 6 ] Considering that it is expected that the child will be returned to the care of her mother in the short term, it is in her best interest that the placement period be extended. [ 7 ] Counsel for the parents and the child admitted that the security and the development of the child were endangered and agreed with the youth protection worker’s recommendations. [ 8 ] FOR THESE REASONS, THE COURT: [ 9 ] GRANTS the motion; [ 10 ] DECLARES that the security and the development of the child, X, are in danger under

section 38 (b)(1)(iii) and (

c) of the Youth Protection Act ; [2] [ 11 ] ORDERS that X be entrusted to foster care for a period of nine months, to be reunited with her parents after six months, if the situation allows it; [ 12 ] ORDERS that a life plan be put in place for X, if reunification is not possible; [ 13 ] ORDERS that contact between the parents and the child be supervised by the Director of Youth Protection as to terms and frequency; [ 14 ] ORDERS that the parents remain sober and not expose X to any conjugal violence during their visits with her and during the possible reunification; [ 15 ] RECOMMENDS that Mr. B reach out to social services in order to take

part in treatment for his alcohol problem as soon as possible; [ 16 ] ORDERS that both parents maintain their cooperation with the Director of Youth Protection and take an active

part in the measures agreed upon; [ 17 ] ORDERS that aid, counselling and assistance be provided to the child and her parents for a period of nine months; [ 18 ] ORDERS that the father take the necessary steps to deal with his alcohol problem; [ 19 ] ORDERS the police to cooperate in the execution of this judgment; [ 20 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out. __________________________________ MARC OUIMETTE, J.C.Q. Mtre. Robert-André Adam Cain Lamarre Casgrain Wells Counsel for the applicant Mtre. Joannie Jacob Centre communautaire juridique A Counsel for the child

Mtre. Angèle Tommasel Counsel for the mother Mtre. Marie Claude De Gagné Counsel for the father Date of hearing: February 7, 2014