2017 QCCQ 17181, 2017 QCCQ 17181

Protection de la jeunesse — 177665 2017 QCCQ 17181 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002030-168 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, presently detained in Saint-Jérôme Detention Center, 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 in revision of the decision rendered on May 9, 2017 by Honourable judge Lucille Beauchemin concerning the situation of X, one year old. [ 2 ] The applicant, Mrs. [Social Worker 1], asks now that the child remain entrusted in a foster family until February 23, 2018 providing D.Y.P. sufficient delay to prepare a life plan for the child. [ 3 ] At the hearing the mother is present assisted by Me Cassandra Neptune.

Me Angèle Tommasel represents the child and Me Aubrée Coutanson the applicant. The father is absent, being detained in Saint-Jérôme. [ 4 ] The mother admits most of the allegations and agrees with the recommendations. The testimony of the social worker and her revision report complete the evidence. [ 5 ] Since the last judgment, the father remained detained. He should be released next April. He didn’t have any contact with the child. [ 6 ] The mother is now ambivalent towards her relationship with the father. She collaborates with the social worker and have visits with her baby.

She is presently pregnant and even though she still consumes alcohol. She would like to stop and she thinks she might attend Portage program for her alcohol consumption issues. She met with the social services to start the process last June 19, 2017. She had to leave two days later for Inukjuak in order to help a family member but she wants to continue her follow-up at the social services and to complete the forms to attend Portage. [ 7 ] The child integrated a new foster family in City B on June 6, 2017. She is well integrated and is creating bonds with the foster parents.

The child needs because of her medical situation care fees and receptive caregivers. As she needs regular services at the Children’s Hospital, the foster family must be really attentive to the child’s needs. The present foster parents are committed to offer all their energy into X’s care. [ 8 ] The mother has good parental capacities and she loves her child. But her issues with alcohol, her ambivalence towards the father, her pregnancy, jeopardise her involvement. She needs to attend services in detox and stabilise her life.

She needs to prove that her two children and the third to came are her priority in her life and she must stabilise her situation. [ 9 ] It is urgent for the mother to seek help for her issues otherwise it might be too late for X. The D.Y.P. is elaborating a life plan for the child as he is obliged by the law. The child is creating bonds with the foster parents. If the mother does not maintain regular

contact with the baby, if she does not attend detox therapy and change her way of life, at the expiration of this extension of placement, the D.Y.P. will ask for a placement until the majority of X. [ 10 ] Considering the evidence and the mother’s agreement with the recommendations; THE COURT: [ 11 ] GRANTS the motion; [ 12 ] DECLARES that the security and development of the child X, born on [...], 2016 are still in danger; [ 13 ] ORDERS the placement of the child in a foster family until February 23, 2013; [ 14 ] ORDERS the D.Y.P. to favour and to supervise the contacts between the child and her parents as for the modalities, the frequency and the degree of supervision; [ 15 ] ORDERS the D.Y.P. to provide aid, counsel and assistance to the child and the parents until February 23, 2018; [ 16 ] RECOMMENDS the mother to seek help from the social services concerning her personal issues and to attend detox therapy; [ 17 ] RECOMMANDS the D.Y.P. to provide a complete “bilan de santé” (medical examination) of X to the parents and for the benefit of the Court for the next revision; [ 18 ] ORDERS the police to cooperate in the execution of this order; [ 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 Angèle Tommasel Attorney for the child Me Aubrée Coutanson Attorney for the applicant Me Cassandra Neptune Attorney for the mother Date of hearing: August 16, 2017