2016 QCCQ 10994, 2016 QCCQ 10994

Protection de la jeunesse — 164795 2016 QCCQ 10994 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT [...] TOWN [...] Youth Division No.: 640-41-002000-161 DATE: August 10, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2003 MRS [SOCIAL WORKER 1] AND MRS [SOCIAL WORKER 2], youth protection workers, duly authorized by the Director of Youth Protection of the Town A C.Y.P.C., working in Town A, Quebec, District A Applicants and MRS A, residing and domiciled in Town B, Quebec, District A Mother and MR B, residing and domiciled in Town C, Quebec, District A Father ______________________________________________________________________ JUDGMENT (Sections 38 and 91 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 ] Mr [social worker 2], delegate of the Director of Youth Protection of the Inuulitsivik C.Y.P.C., asks the Court to declare the security and development of X, born on […], 2003, in danger because her parents fail to provide her appropriate supervision and to take the necessary steps to provide her with schooling and because of her serious behavioural disturbances (section 38 (b) (1) iii. and (

f) YPA). [ 2 ] At the hearing, the mother is assisted by Me Angela Tommasel, the child by Me Cassandra Neptune and the applicant by Me Aubrée Coutanson. The father is absent, even if served. [ 3 ] The proof of the compromission is constituted by few admissions by the mother and the testimony of the social worker. The parties agree with the amended measures recommended. A social study is filed. [ 4 ] Between June 7, 2006 and October 18, 2013, the child was subject of judgments of the Court of Québec. [ 5 ] In 2015, the father was charged of sexual interference on the sister of the child.

Since his release, the father has to comply with the conditions of not being in presence of the sibling of the child neither to communicate with them. The father was detained for a month in May, and since his return, he lives in Town C. [ 6 ] Since January 2016, X is entrusted to her aunt, Mrs C. On May 9, 2016, the aunt informed the social worker she did not want to take care of her anymore because of her behavioural problems. The same day, the child was hospitalised for suicidal ideations. The following day, the child was discharged and entrusted in a new foster family.

She ran away from there the same day. [ 7 ] The mother left Town A since the last three months. The father does not collaborate with the social worker. [ 8 ] During her last hospitalisation, X revealed that she was sexually abused in a foster family.

Investigation is not completed yet but there is sufficient evidence of her behavioural disturbances and the fact that her parents neglect her. [ 9 ] Considering the child's history of neglect, the previous placements, the numerous problems of the parents and the new facts under investigation, the Court asked for the mother's and the child's consent to be evaluated by a psychologist, and if required, to beneficiate of a regular follow-up. Both parties give their consent, and consequently, the Court adds this conclusion. FOR THESE MOTIVES, THE COURT:

[ 10 ] DECLARES the security and development of X in danger; [ 11 ] ORDERS the placement of X in a reception centre until April 30, 2017; [ 12 ] ORDERS that the child be evaluated by a psychologist in a short delay and beneficiate of an individual follow-up if required; [ 13 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the child and her parents for 18 months; [ 14 ] ORDERS the mother to meet the social worker regularly; [ 15 ] ORDERS the Director of Youth Protection to supervise all the contacts and visits between the child and her father; [ 16 ] ORDERS the police to collaborate with the execution of the enactment; [ 17 ] 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 applicants Me Angela Tommasel Attorney for the mother Me Cassandra Neptune Attorney for the child Date of hearing: July 11, 2016