2016 QCCQ 10990, 2016 QCCQ 10990

Protection de la jeunesse — 164791 2016 QCCQ 10990 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT [...] TOWN [...] Youth Division No.: 640-41-001901-153 DATE: August 10, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2014 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A, Quebec, District A Applicant and MRS A, residing and domiciled in Town A, Quebec, District A Mother and MR B, residing and domiciled in Town A, Quebec, District A Father ______________________________________________________________________ JUDGMENT (Section 95 (par. 1) YPA, RSQ 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 YPA). [ 1 ] Mrs [social worker 1], delegate of the Director of Youth Protection of A C.Y.P.C., asks the Court to review the last decision rendered on May 20, 2015 by the Honourable Jean Gravel, J.C.Q., concerning the situation of X, born on […], 2014.

She asks for the child's placement in a foster family until his majority. [ 2 ] At the hearing, the mother, present, is assisted by Me Angela Tommasel. Me Cassandra Neptune represents the child and Me Aubrée Coutanson the applicant. [ 3 ] Even if the mother admits few allegations, she disagrees with the duration of the placement asked. Evidence is completed with the testimonies of the social worker, the foster family and the mother. A revision report is filed. [ 4 ] With the analysis of the evidence, it is proved that the situation of the parents remains the same.

They displayed substance abuse and conjugal issues at least until March 2016. Since, the father is bound by conditions, specifically not to communicate with the mother. [ 5 ] Last August 1, 2015, the father was released from detention for incidents of conjugal violence that occurred in April 2015. He was incarcerated again from October 8, 2015 to February 2, 2016 for other incidents of conjugal violence. In March, following threats made to the mother, he was detained for 15 days.

He was released with strict conditions, notably not to communicate with the mother. [ 6 ] The mother testifies that she is separated from the father since March 2016 and that should be definitively. She lives at her sister's place, works regularly and recently gave birth. The baby is still hospitalised in Montreal. [ 7 ] She spent time in Town B area but did not ask for any visit with her son X. Since the last judgment, she asked to see him three times but she saw him only once in Town A. The mother did not get involved in therapies but she thinks now it is time.

She would like to attend A Center but she did not make any step yet. [ 8 ] The mother has six other children. Three of them are placed in foster families until their majority and the three others are adopted by the grandparents. The problems of the mother are chronic, and with the non-collaboration of the father, there is no hope they will seek for services concerning their issues. They are both denying their problems and they do not show motivation to change their way of life.

We cannot expect any improvement on a short term basis. [ 9 ] Because of the multiple interventions of the mother in the foster family, X was transferred in a foster family down South on May 22, 2015. He lives in the foster family of Mrs C, and with her husband, she is interested to assume the child until his majority. The child is well adapted to them and to the other members of the family. There is also another Inuit child entrusted to them. Both foster

parents are working and are in a position to offer a stable, secure and warm environment to X. [ 10 ] To facilitate the life of X, the applicant asks that some parental authorities be withdrawn form the parents and be entrusted to the Director of Youth Protection. Considering the nature of the parents' problems and the whole evidence, the Court grants this request but orders the Director of Youth Protection to inform the mother of all the consents provided. [ 11 ] Considering the evidence and the disposition of the Youth Protection Act, especially

section 91.1, FOR THESE MOTIVES, THE COURT: [ 12 ] GRANTS the motion; [ 13 ] DECLARES that the security and development of X are still in danger; [ 14 ] ORDERS the placement of the child X in the foster family of Mrs C and Mr D until his majority; [ 15 ] ORDERS the Director of Youth Protection to organise and favour supervised vi-sits and contacts (for example Facetime, Skype, etc.) between the child and his parents; [ 16 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the child and his parents; [ 17 ] ORDERS the mother to collaborate actively with the social worker, meeting her regularly and following her recommendations; [ 18 ] WITHDRAWS some parental authorities from the parents and AUTHORIZES the Director of Youth Protection to sign all consents regarding health, school, travelling, passport and social activities; [ 19 ] ORDERS the Director of Youth Protection to advise the mother regularly of the consents he will provide for the benefit of X; [ 20 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Aubrée Coutanson Attorney for the applicant Me Angela Tommasel Attorney for the mother Me Cassandra Neptune Attorney for the child Date of hearing: July 12, 2016