2012 QCCQ 18118, 2012 QCCQ 18118

Protection de la jeunesse — 127452 2012 QCCQ 18118 COURT OF QUEBEC Canada PROVINCE OF QUEBEC DISTRICT [...] LOCALITY […] Youth Court Division No: 760-41-004235-126 DATE: August 23, 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BEATRICE CLEMENT, J.C.Q. ______________________________________________________________________ X Born : […], 2011 Child DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner -and- A -and- B JC0B11 Parents of the child ______________________________________________________________________ JUDGMENT

______________________________________________________________________ CAUTION : The Youth Protection Act provides that within the framework of this Act, no person may publish or broadcast information allowing a child or the child's parents to be identified. Whomsoever contravenes this

article is guilty of an offence and is liable to a fine [articles 11.2.1 and 135 Y.P.A.]. [ 1 ] The Director of Youth Protection petitions the Court to declare that the security and the development of the child X, are compromised. [ 2 ] The motion alleges that the situation of the child is in danger in reason of serious risks of negligence (basic needs) and psychological ill-treatment (parental conflict).

Amongst other measures, the Director suggests the placement of the child in a foster home and the supervision of parental contacts, for a 6-month period. [ 3 ] The admissions of the parties are noted in the Court record and they agree to the measures proposed. By consent, the Director produces various documents as evidence in lieu of testimony, including the report on the social situation of the child. [ 4 ] At the initial evaluation of the family situation in April 2012, the child resides with her mother.

Shortly thereafter, the parents resume their relationship. [ 5 ] Punctuated by periods of crisis and separation, the conjugal relationship suffers from disputes, violence and unresolved drug consumption issues. [ 6 ] The parents have complex personal histories. The father's past of drug consumption and conjugal violence, justifies the intervention of the Youth Protection authorities as to two other young children from a previous union.

As he has not seen them for over a year, his supervised access is presently suspended. [ 7 ] The parents are inconsistent as to the child's various follow-ups, missing appointments and being generally unavailable and difficult to reach. [ 8 ] The child has little routine. The home environment is disorganized and unhygienic. Clothing, cigarette butts and other objects block easy passage through the house to the child's room, which suffers from the same encumbrances. [ 9 ] Although the mother is initially available for the evaluation, the parents are generally uncooperative and lacking in transparency as a couple.

The father particularly refuses to complete any evaluation in regard to his drug consumption or anger management. [ 10 ] On April 19 th , the child is placed in provisional foster care with supervised contacts with her parents. Since May 18 th , the parents are present for only one of the thirteen scheduled visits. Notwithstanding numerous offers of services, they offer little cooperation and are difficult to reach. [ 11 ] At the hearing, the parents allege financial difficulties to justify their withdrawal from the contacts and the intervention.

They further affirm undertaking steps to work on their relationship through the services of the CLSC (couple therapy and anger management). They wish to be a more constant presence in the life of their child. [ 12 ] The evidence demonstrates that the parental capacities are significantly impeded by the parent's personal difficulties, which render them inaccessible to recognize or attend to the physical and emotional demands of a young baby.

The resolution of these issues is necessary in order to permit them to offer a serene and stable environment to their child, therefore promoting her development and sense of security. [ 13 ] For these reasons, the Court determines that the security and the development of the child are compromised in reason of a situation of serious risk of negligence and psychological ill-treatment. [ 14 ] As well as receiving the approval of the parties, the Court estimates that the recommendations respect the rights, as well as the best interests, of the child. [ 15 ] The goal of the intervention is the return of the child in her family environment.

The present temporary period of placement is to permit the parents to rapidly undertake and persist in the measures required to address their difficulties, while ensuring a significant presence in their daughter's life. [ 16 ] FOR THESE REASONS, THE COURT: [ 17 ] GRANTS the motion; [ 18 ] DECLARES that the security and development of the child are in danger; [ 19 ] ORDERS that the child be entrusted in a foster family for a period of 6 months; [ 20 ] ORDERS that the child's parents undertake an active

part in the application of the measures designed to put an end to the situation in which the security or development of the child is in danger; [ 21 ] AUTHORIZES the contacts between the child and her parents upon agreement between the parties and in the presence of a third party designated by the Youth Director;

[ 22 ] ORDERS that the parents communicate with the Director of Youth Protection on regular basis; [ 23 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the child and her parents for a period of 6 months; [ 24 ] ENTRUSTS the situation of the child to the Director of youth Protection of the Centre Jeunesse A for the execution of the measures. __________________________________ BEATRICE CLEMENT, J.C.Q. Me Karine Nantais Attorney for the Petitioner Me Michel Robert Attorney for the mother Me Johanne Leduc Attorney for the father Me Karine P. Poissant Attorney for the child Date of hearing: August 23, 2012