2011 QCCQ 10631, 2011 QCCQ 10631

Protection de la jeunesse — 112304 2011 QCCQ 10631 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 640-41-001357-117 DATE: May 10, 2011 ______________________________________________________________________ BY THE HONOURABLE JEAN-PIERRE GERVAIS, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A C.Y.P.C., working CITY A APPLICANT AND X, born on […], 2003 PETITIONER AND A MOTHER AND B FATHER ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The applicant acting on behalf of the Director of Youth Protection is asking the Court to declare endangered the security and development of the child. [ 2 ] She was absent at the hearing but duly represented by lawyer; so was her father who was present though. [ 3 ] The young girl’s mother, victim of a serious accident, is still unconscious in a specialized institution in CITY B. [ 4 ] The first and foremost reason for the Director of Youth Protection to get involved is neglect.

Indeed the child was neglected due to the drinking habits of the father and the problems he has in taking proper care of his daughter. [ 5 ] Furthermore, in January of this year, it was reported that the child was being sexually abused by her brothers. [ 6 ] We would like to stress right now that verifications were made in this respect by both the Director of Youth Protection and the police and that no probative evidence was found. [ 7 ] When the father was informed of the allegations, he was strongly disturbed.

He stated that he never did notice any such incidents whatsoever. [ 8 ] Nevertheless, the difficulties he is facing, along with the behaviour problems the child is starting to show, lead us to conclude that her development is presently threatened. [ 9 ] We should take note that the father acknowledges his need for help in order to be able to provide proper care for his daughter. [ 10 ] Consequently, he agrees with the conclusions sought by the Director of Youth Protection which, indeed, appear well founded to the Court. [ 11 ] FOR THESE REASONS, THE COURT: [ 12 ] GRANTS the motion; [ 13 ] DECLARE that the development of the child X, born on […], 2003, is in danger; [ 14 ] ORDERS the foster care placement of the child for a period of six months with gradual reintegration in the last two months, if the situation allows; [ 15 ] ORDERS the father to report periodically to the DYP on the measures he is applying to correct the situation; [ 16 ] ORDERS the father to seek help from the Social Services for any problems related to alcohol and to financial, emotional and

personal issues; [ 17 ] ORDERS that the contacts between the child and his family be supervised by the DYP in terms of modalities, frequency and degree of supervision; [ 18 ] ORDERS the DYP to meet and speak with the child’s two brothers who are concerned with the sexual abuse allegations; [ 19 ] ORDERS the DYP to provide aid, counselling and assistance to the child and her family for a period of twelve months; [ 20 ] ORDERS the police force to collaborate in the execution of this order; [ 21 ] ENTRUSTS the child’s situation to the Director of Youth Protection for the execution of the judgment. __________________________________ JEAN-PIERRE GERVAIS, J.C.Q.

Me Robert André Adam Cain Lamarre Casgrains Wells Lawyers for the applicant Me Jean-Claude Latraverse Centre communautaire juridique A Lawyers for the child Me Sarah Plamondon Lawyer for the father Date of hearing: March 29, 2011