2016 QCCQ 16418, 2016 QCCQ 16418

Protection de la jeunesse — 167520 2016 QCCQ 16418 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000585-148 DATE: November 25, 2016 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2011 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection on A C.Y.P.C., working in Town A, district A Applicant and A, residing and domiciled in Town A, district A Mother and B, residing and domiciled in Town A, district A Mother ______________________________________________________________________ JUDGMENT (sections 95 (par. 1) and 75 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 of the A C.Y.P.C. (D.Y.P.) asks the Court to review the decision rendered on February 18, 2016, by honourable Lise Gagnon, concerning the situation of X, 5 ½ years old. [ 2 ] The delegate of the D.Y.P., Mrs [Social Worker 1], asks that the child be placed in the foster family of C until he reach his majority. [ 3 ] At the hearing, the mother is absent and represented by Me Angèle Tommasel.

The child is represented by Me Marie-Claude De Gagné and Me Geneviève Apollon assists the applicant. The father is present. [ 4 ] The father admits all the facts alleged and agrees with the measures. The foster mother and the social worker testify. An Occurrence report from the [center A] and a Revision report are filed. [ 5 ] The evidence reveals that X is very well adapted to his foster parent, his aunt C. [ 6 ] The child and Mrs C have a good relationship. The parents when sober may visit their child frequently in the foster home. [ 7 ] The father often visits his son after work on his way home.

The mother is not so regular. [ 8 ] The mother is still having serious problems with alcohol consumption and she didn’t seek help from Social Services up to now. Her relationship with X’s father is still conflictual. [ 9 ] For example on August 1, 2016, Mr B broke a window at the mother’s house. The father did not seek for his own problem with alcohol consumption. [ 10 ] The parent’s situation is quite similar as the one previously proved in the last judgment.

With those problems, they cannot assume the child, but the father wants to keep his parental authority and is ready to collaborate with the Social Services. CONSIDERING THE EVIDENCE, THE COURT: [ 11 ] GRANTS the motion; [ 12 ] DECLARES that the security and development of X, born on [...], 2011, are still in danger; [ 13 ] ORDERS the placement of X in the foster family of Mrs C until his majority;

[ 14 ] ORDERS the D.Y.P. to supervise the contacts between the child and the parents; [ 15 ] ORDERS the parents to remain sober in the presence of the child; [ 16 ] ORDERS the D.Y.P. to provide aid, counsel and assistance to the child and his parents until [...], 2029; [ 17 ] ORDERS the police to cooperate in the execution of this order; [ 18 ] ENTRUSTS the situation of the child to the Director of Youth Protection who shall then see that the measures are carried out. __________________________________ DENYSE LEDUC, J.C.Q.

Me Marie-Claude De Gagné Attorney for the youth Me Geneviève Apollon Attorney for the applicant Me Angèle Tommasel Attorney for the mother Mr. B Personally Date of hearing: October 13, 2016