2010 QCCQ 17367, 2010 QCCQ 17367

Protection de la jeunesse — 107205 2010 QCCQ 17367 COURT OF QUEBEC Canada PROVINCE OF QUEBEC DISTRICT [...] LOCALITY […] Youth Court Division No: 760-41-003724-104 DATE: December 6 th , 2010 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE LINDA DESPOTS ______________________________________________________________________ IN THE MATTER OF: X Born : October 25th, 2007 [SOCIAL WORKER 1] , in her capacity of authorized person by the youth protection director of Les Centres jeunesse A; Petitioner -and- A , residing at […], city A (Quebec), district A; -and- B , residing […], city A (Quebec), district A; Parents of the child -and- JD2182 COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE; ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director submits to the Court a motion for protection concerning the child X, born on […], 2007. [ 2 ] The Director represents that the security and development of the child are in danger for the reasons listed in

paragraph three of the motion. [ 3 ] The child is subject to a signalement due to psychological ill-treatment particularly because of drug use by the parents. From June 25 th , 2010 until June 25 th , 2010, the child is subject to a voluntary measures agreement entrusting him to his paternal grandmother. [ 4 ] During this period of time, the parents have not take the steps to put an end to the situation, namely as they did not show up for their mental health assessment. They refused to continue and finish the drug and alcohol assessment and they stopped attending couples counselling.

The father refuses to attend "Men for change" program. [ 5 ] The parents have not attended all scheduled visits with the child and deny having a drug or alcohol problem. [ 6 ] The child is evolving positively at his grandmother's. She is willing to keep the child with her. [ 7 ] Actually, the father is currently attending a drug and alcohol treatment facility and is scheduled for graduation of the program on December 16, 2010. He will then take

part in a 12 week after care program designed to help him remain drug and alcohol free. He plans to obtain employment while attending to his aftercare program and is hopeful to attend a truck driving course. Although, he has had difficulty attending to his service plan goals in the last year, currently the father was able to attend various parenting courses during his stay at the treatment center. He understands that he cannot parent his son right now and is in favour of the placement with his parents. [ 8 ] The mother is currently residing at the A Wellness Center with her newborn son born on […], 2010.

She has access to a numerous services through this program. The mother needs to be support with her newborn son also. [ 9 ] The Court considers that the security and development of the child are in danger because of a situation of neglect.

The recommendations of the youth protection director are appropriate and in the interest of the child. [ 10 ] Considering the admissions and after the reading of the reports, the Court is satisfied and therefore: [ 11 ] MAINTAINS the present motion; [ 12 ] DECLARES that the security and development of the child X are in danger; [ 13 ] ENTRUSTS the situation of the child X to the youth protection director of Les Centres jeunesse A for the execution of the measures for a period of six months ; [ 14 ] ORDERS that the child be entrusted to a foster family and TAKES ACT that the foster family is the paternal grandparents; [ 15 ] ORDERS that a person working for an establishment or body provides aid, counsel or assistance to the child and his family; [ 16 ] AUTHORIZES contacts between the child and his parents according to an agreement between the parties; [ 17 ] ORDERS that the parents participate actively to the present measures ordered; [ 18 ] TAKES ACT that the parents complete their drug and alcohol treatment and attend their aftercare programming; [ 19 ] TAKES ACT that the parents attend a parenting capacity and mental health assessment; [ 20 ] TAKES ACT that the parents actively participate with ACFS workers in achieving the service plan goals; [ 21 ] TAKES ACT that the parents agreed to submit themselves for random drug testing; [ 22 ] THE WHOLE without costs. __________________________________ LINDA DESPOTS J.C.Q.

Me Karine Nantais Procureure de la directrice Me Béatrice Clément Procureure de l’enfant Date of hearing: December 6 th , 2010