2017 QCCQ 17183, 2017 QCCQ 17183

Protection de la jeunesse — 177667 2017 QCCQ 17183 COURT OF QUEBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002067-160 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(B), detained at the Saint-Jérôme Detention Centre, district of Terrebonne 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.) seizes the Court with a motion for revision of the decision rendered on January 27, 2017 by Honourable Judge Louis Grégoire concerning the situation of X, born on [...], 2016. [ 2 ] The applicant, Mrs. [Social Worker 1], asks for the extension of the placement of the child in a foster family until August 31, 2018. [ 3 ] At the hearing, the mother is present assisted by Me Angèle Tommasel. The father is absent even if duly served.

He is serving a sentence of two years less a day, imposed to him few weeks ago. Me Cassandra Neptune represents the child and Me Aubrée Coutanson, the applicant. [ 4 ] The mother admits all the allegations and disagrees with the recommendations. She wants her child back with her immediately. The evidence is completed with the testimony of the social worker and her revision report. [ 5 ] Since the last decision, the father spent most of the time detained. Last August 8, he received a sentence of two years less a day.

He never asked any news of his youngest son. [ 6 ] Nor the father nor the mother asked for contacts with the baby. [ 7 ] On several occasions, the mother disclosed that she does not want to know anything about the child. She said she would agree with the traditional adoption but she could not think about anyone to adopt the child. [ 8 ] The parents are known by the D.Y.P. for their history of conjugal violence and alcohol issues.

All their children are in foster care. [ 9 ] Despite of the services provided, the parents do not recognize their issues and do not seek the services they required even if ordered. [ 10 ] Now the mother says that she acknowledges her alcohol problem and wants to attend Isuasivik Center in September. She does not want to live again with the father when he will be release.

She wants her child back after she will complete her therapy and promises to meet the social worker. [ 11 ] Being aware that the mother was recommended many times to attend social services for her alcohol and marital violence issues and that she never get involved, the Court cannot believe her at the present time. If she is very serious and motivated to change her way

of life, quit drinking and develop her parental capacities, she will have to start such follow-ups during the baby’s placement and beneficiate of regular visits with her baby. [ 12 ] The child is stable in his foster home. He develops strong and healthy attachment with the foster parents. Up to now the child does not know his parents. Before perturbing the routine of the child, the mother will previously have to prove her real motivation and her capacity to be regular in her contacts with the social worker. Then, supervised contacts might be organised..

FOR THOSE MOTIVES, THE COURT: [ 13 ] GRANTS the motion; [ 14 ] DECLARES that the security and development of the child X, born on [...], 2016 are still compromise; [ 15 ] ORDERS the placement of the child in a foster family chosen by the institution operating a child and youth center, until August 31, 2018; [ 16 ] ORDERS the D.Y.P. to supervise the contacts between the child and the parents as for the modalities, the frequency and the degree of supervision; [ 17 ] RECOMMANDS that the parents seek help through the social services concerning their alcohol and personal issues; [ 18 ] ORDERS the D.Y.P. to provide aid, counsel and assistance to the child and his parents until August 31, 2018; [ 19 ] 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 Date of hearing: August 16, 2017