2016 QCCQ 9811, 2016 QCCQ 9811

Protection de la jeunesse — 164234 2016 QCCQ 9811 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001810-149 DATE: September 21, 2016 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2014 [SOCIAL WORKER 1] & [SOCIAL WORKER 2], youth protection workers, duly authorized by the Director of Youth Protection on the A C.Y.P.C., working in City A, district A Applicants and A, residing and domiciled in City A, district A Mother and B, residing and domiciled in City B, district B Father ______________________________________________________________________ JUDGMENT RECTIFIED (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 of the A C.Y.P.C. asks the Court to review the decision rendered on November 11 th , 2014, by Judge Jean Gravel, J.C.Q., concerning X, born on […], 2014. He asks for a year placement in a foster family. [ 2 ] At the hearing, the parents are absent even if duly served. Following the testimony of the social worker, they were well informed of the date of the hearing.

The child is represented by Me Angela Tommasel and Me Donald Bourget assists the applicant. [ 3 ] The first motion in revision was prepared on July 8 th , 2015, but it did not proceed. Since, the child with her siblings, were entrusted to their mother on strict conditions. They remained there until March 4 th , 2016. They were then entrusted to the foster family of their grandparents. [ 4 ] On March 18 th , they were placed in foster care for 30 days with extension of another period of 30 days.

Now, it is urgent to proceed to the revision even if the parents are absent. [ 5 ] The situation of Y was declared in danger on May 28 th , 2014, because of the alcohol consumption, violence and instability of her parents. Today, the parents are still having the same problems. The mother drinks abusively and fights the father. She was detained few times since March 2015 for violence behaviour towards the father. Their relationship is still unstable: now, since February, they are separated.

The father lives in City C and the mother, after her release, went back in City A. [ 6 ] The mother receives the visit of her child regularly, under the supervision of the grandmother. She assumes X and her two siblings; often she has to go with them at the mother’s residence when her oldest son, their uncle, drinks at home. [ 7 ] The mother offers a mitigated collaboration with the social worker. The father is not collaborative.

He is aggressive towards social worker, particularly when he does not get what he wants. [ 8 ] Considering that the parent’s situation did not improve and that they still face the same issues, the Director of Youth Protection must, in the next months, elaborate a life project for the child. X is untitled to evaluate in a stable, secure and warm environment where her needs will be considered. [ 9 ] If the parents want to assume eventually some parental responsibilities, they will have to collaborate with the social worker and to comply with their recommendations.

Consequently, the Court recommends that an intervention plan be prepared and given to the parents in a short delay. If they maintain the same pattern, next time the Court will have to decide on X’s life project.

CONSEQUENTLY, THE COURT: [ 10 ] GRANTS the motion; [ 11 ] DECLARES that the security and development of X, born on […], 2014, are still endangered; [ 12 ] ORDERS the placement of the child in a foster family until May, 31 st , 2017; [ 13 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the child, her mother as she requires and the foster parents for a period of one year ; ; [ 14 ] ORDERS the parents to take an active

part in the application of the measures; [ 15 ] ORDERS the Director of Youth Protection to supervise the contacts and visits of the child with her parents as for frequency, duration and degree of supervision; [ 16 ] RECOMMANDS that the mother attends detoxification therapy and external follow-up; [ 17 ] RECOMMANDS that both parents seek for help through social services for their personal issues; [ 18 ] AUTHORIZES the Director of Youth Protection to conduct unannounced visits in the household of the mother and the father; [ 19 ] ORDERS the police to collaborate to the execution of the enactment; [ 20 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the purpose of executing the order. __________________________________ DENYSE LEDUC, J.C.Q.

Me Angela Tommasel Attorney for the child Me Donald Bourget Attorney for the applicant Me Yan Massé Attorney for the mother Me Marie-Claude DeGagné Attorney for the father Date of hearing: May 24 th , 2016