2011 QCCQ 8996, 2011 QCCQ 8996

Protection de la jeunesse — 112173 2011 QCCQ 8996 JL3389 QUEBEC COURT CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] « Youth Division »

N° : 525-41-020442-075 DATE : April 6 th , 2011 _____________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MICHÈLE LEFEBVRE, J.C.Q. ______________________________________________________________________ In the matter of : X Born on […], 2007 [Intervenant 1] , in her capacity as person duly authorized by the Director of Youth Protection A Youth and Family Centres Applicant - and - A , the mother B , the father Respondents ______________________________________________________________________ JUDGMENT (Sections 91 and 95, Youth Protection Act, L.R.Q.c.P-34.1) ______________________________________________________________________ [ 1 ] The present judgment confirms in writing the decision rendered orally at the hearing held on April 6 th , 2011. [ 2 ] The Court is seized with a motion for extension of an order rendered on January 25 th , 2010, concerning X . [ 3 ] Essentially, the Director of Youth Protection sustains: 3.1 The child remained in the mother's care; 3.2 The child is attending the Garderie A and is presenting as happy, engaging and energetic; 3.3 The child is observed to have some speech delays and further assessment will be needed; 3.4 The mother has participated and completed a project A to assist youth with pre-employment and vocational goals; 3.5 The mother has continued to be involved with the A program, however there was a period when the former was inconsistent in her contacts with the workers; 3.6 In July 2010, Mr.

B seized Superior Court with the goal of being recognized as the child's legal father and is thus requesting

to have access rights to the child; 3.7 Despite the prohibition of contact between the child and Mr. B, the latter has attempted unsuccessfully to pursue, Mrs. C, grandmother, to allow contacts; 3.8 On November 29 th , 2010, the Honourable Ginette Piché of the Superior Court, declared Mr.

B as the father of the child; 3.9 Continued intervention is warranted given the developments in the situation, the history of violence, as well as the need to further support the mother; [ 4 ] The Director of Youth Protection is recommending that the child remain entrusted to the care of his mother with aid, counsel and assistance for a period of one (1) year, and that measures be applied in order to correct the situation, as appears from the Court record; [ 5 ] The mother, through her attorney, made a general admission of the allegations of the procedure and declared to be in agreement with most of the measures recommended by the Director of Youth Protection, as appears from the Court record. [ 6 ] The father, through his attorney, admitted certain allegations of the procedure and declared to be in agreement with most of the measures recommended by the Director of Youth Protection, as appears from the Court record. [ 7 ] The attorney mandated to represent the child made no admissions, given the young age of the child, as appears from the Court record. [ 8 ] By consent and to serve as evidence, the Director of Youth Protection filed the following documents: D-1: Court report signed by [social worker 1] on October 21 st 2010; D-2: Addendum to Court Report, written by [social worker 1], dated March 29 th , 2011; D-3: Judgement dated November 29 th , 2010, rendered in Superior Court, confirming the father's paternity; D-4: Police Report bearing event # […]; D-5: Précis des faits, no. événement # […]; [ 9 ] By consent and to serve as evidence, the mother filed the following document: M-1: Plumitifs criminel et pénal du père; [ 10 ] ANALYSIS OF THE EVIDENCE AND DECISION [ 11 ] The Court finds from the evidence that Elijah (3 years old) is developing well in the care of his mother. [ 12 ] In the past year, Mr.

B has taken steps to be recognized as the father of X and was granted this status by a Superior Court decision rendered on November 29, 2010. [ 13 ] Mr. B has in the past been extremely violent toward the mother for which actions he was found guilty and condemned to serve time in prison. There has further been a prohibition of contact between Mr. B and the child since February 2008, ordered by this Court. [ 14 ] Mr. B was present in Court and declared to be committed to do the necessary in order to become involved in the life of his child.

He agreed to submit to the recommended measures before beginning contacts with his son. [ 15 ] CONSEQUENTLY, AND FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the motion for extension; [ 17 ] DECLARES that the security and development of X continue to be in danger within the meaning of the Youth Protection Act. [ 18 ] IN VIRTUE OF THE POWERS CONFERRED UPON THE COURT BY

SECTION 91 OF THE YOUTH PROTECTION ACT: [ 19 ] ORDERS that the child be entrusted to the care of his mother; [ 20 ] ORDERS that the mother continue to live in a place authorized by the Director of youth protection; [ 21 ] ORDERS that the father be prohibited from having contacts with the child unless for the purpose of undergoing a parental capacity assessment if the presence of the child is needed; [ 22 ] ORDERS that the frequency and modality of contacts between the father and the child be determined by the Director of youth protection including supervision only upon the following conditions: -that the father undergo a parental capacity assessment and that he follow through with the recommendations made;

-that the father participate in parenting classes; -That the father participate and complete an anger management program acceptable to the Director of youth protection; -that the father collaborate with the Director of youth protection worker; -that the father submit to alcohol and drug testing before any contact with the child; [ 23 ] AUTHORIZES the Director of youth protection to have access to all relevant and necessary information from the professionals involved with the father; [ 24 ] ORDERS that the mother ensure that the child is not exposed to any form of violence; [ 25 ] RECOMMENDS that the mother seek counselling for women victims of violence; [ 26 ] ORDERS that the mother's address and telephone number be kept confidential from the father; [ 27 ] ORDERS that the daycare of the child be kept confidential from the father; [ 28 ] ORDERS that certain aspects of parental authority related to the signing of consents for travel, passport, education and medical needs be withdrawn from the father and that these aspects related to the signing of consents, be given solely to the mother and ORDERS that the father be informed of the different consents signed by the mother; [ 29 ] ORDERS that the mother petition the Superior Court concerning the custody of the child; [ 30 ] ORDERS that aid, counsel and assistance continue to be provided to the child and his family; [ 31 ] THE WHOLE, for a period of one (1) year; [ 32 ] ENTRUSTS the situation of X to the Director of Youth Protection A Youth and Family Centres, who shall then see that the measures are carried out and these measures may be executed by any peace officer, if necessary.

SIGNED in A town __________________________________ MICHÈLE LEFEBVRE, J.C.Q. M e Camille Champeval Attorney for the applicant M e Michèle Gauthier Attorney for the child M e Jean-Hervé Thomas Attorney for the mother M e Marina Crivello Attorney for the father Judgment rendered orally on April 6 th , 2011 ML/mlm