2017 QCCQ 14012, 2017 QCCQ 14012

Protection de la jeunesse — 176185 2017 QCCQ 14012 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 635-41-000799-178 DATE: October 4, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2017 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A, Quebec, District A Applicant and MRS A, residing and domiciled in City A, Quebec, District A Mother and MR B, residing and domiciled in City A, Quebec, District A Father ______________________________________________________________________ JUDGMENT (Sections 38 and 91 Y.P.A., R.S.Q. c.

P-34.1 ) ______________________________________________________________________ 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 submits the Court a motion asking that the security and development of X, born on [...], 2017, be declared in danger because his parents fail to provide the child’s basic needs, the serious risk of neglect from his parents and the psychological ill-treatment (section 38 (b) (1) iii., (b) (2) and (

c) of the Y.P.A.). [ 2 ] At the hearing, the mother is present, assisted by Me Angèle Tommasel. The child is represented by Me Cassandra Neptune and Me Geneviève Apollon represents the applicant. The father is absent, even if duly served. [ 3 ] The evidence that the child’s situation is compromised is constituted by the admissions of the mother and the testimonies of the social workers and the mother. [ 4 ] It is proved that the parents have alcohol consumption issues and conflictual conjugal relationship. [ 5 ] While intoxicated last June 5, the mother dropped the baby.

On July 10, the baby was removed from the parents care for twenty-four hours because they were intoxicated and they wanted the intoxicated grandparents to babysit. The parents do not always choose appropriate babysitters and often leave him with babysitters for a long period of time. [ 6 ] Provisional agreement was signed by the parents on June 6, 2017. The parents promised not to drink in presence of their baby and to seek for help concerning their alcohol issues. [ 7 ] Unfortunately, the mother started to meet Social Services only last August, but the father did not.

The father is not collaborative and he minimises his issues. He is violent towards the mother and does not respect nor support her. [ 8 ] Considering the evidence, the Court declares the security and development of X in danger for all the alleged motives and proceeds to the applicable measures inquiry. [ 9 ] As it is the first child of the parents, they need to work on their personal issues such as substance addiction, emotional dependency, as much as on their conjugal relationship. If they want to remain in relationship, they have to become respectful and non- violent.

Considering the young age of the baby, it is urgent that the parents get involved in such therapies. The mother testifies that she wants to attend Portage where she might have her baby with her during her therapy. It is important that she first proves her motivation and her capacity to get involved in such treatment before starting reintegration of the child with her. [ 10 ] The mother agrees with the recommendations and seems very motivated. She can count on the support of her father.

[ 11 ] The parents are aware of the urgency for them to improve on their behaviours and to develop their parental capacities.

Section 91.1 of the Youth Protection Act concerning the delay of placement for such young child is 12 months. If they don’t work actively on their issues, the Director of Youth Protection will have to establish a life plan for the baby.

FOR THESE MOTIVES, THE COURT: [ 12 ] DECLARES the security and development of X in danger; [ 13 ] ORDERS the placement of X in a foster family with possible reintegration with the mother is she attends treatment; [ 14 ] ORDERS the Director of Youth Protection to supervise the contacts between the child and his parents as for the frequency and the terms; [ 15 ] RECOMMENDS that the parents seek help through the Social Services and the [centre A] to improve their personal issues; [ 16 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the child and the parents; [ 17 ] ORDERS the parents to collaborate actively with the social worker; [ 18 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing this judgment. [ 19 ] The whole until July 27, 2018. __________________________________ DENYSE LEDUC, J.C.Q.

Me Geneviève Apollon Attorney for the applicant Me Angèle Tommasel Attorney for the mother Me Cassandra Neptune Attorney for the child Date of hearing: September 6, 2017