2010 QCCQ 17966, 2010 QCCQ 17966

Protection de la jeunesse — 107244 2010 QCCQ 17966 COURT OF QUEBEC Canada PROVINCE OF QUEBEC DISTRICT [...] LOCALITY [...] Youth Court Division No: 760-41-003839-100 DATE: December 8 th , 2010 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE LINDA DESPOTS ______________________________________________________________________ IN THE MATTER OF: X Born: [...], 2010 [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 at […], city B (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 [...], 2010. [ 2 ] The Director represents that the security and development of the child are in danger for the reasons listed in

paragraph four of the motion. [ 3 ] The mother of the child is 14 years old and the father is 15. The mother hid her pregnancy from everyone except her own mother, because she did not want the child at first. The father of the child learned about the pregnancy a couple of months after. He asked the mother to get an abortion, the mother agreed, but at the time, did not have a Medicare card, so she couldn't have it. [ 4 ] Following the child's birth, none of the parents wanted to take responsibility of the child. The paternal grandmother, Mrs C, offered to take the baby and everyone agreed.

At that time, the parents were agreeing to let Mrs C adopt their child. [ 5 ] Since October 22 nd , 2010, the child is entrusted to Mrs C and during daytime, the baby is babysat by his maternal grandmother, D, which resided on city A. [ 6 ] The D's family is known from the social services in A. There was a situation of sexual abuse from Mrs D spouse, Mr E, towards her six years old son, Y, when he was two years old. Youth Protection Court recognized that the sexual abuse happened and Y was placed in a foster family.

Mrs D still does not believe that Y was victim of sexual abuse from her boyfriend and has supervised visit with her son Y twice a week. [ 7 ] Mrs D explains that since October 28 th , 2010, her boyfriend left the house. Social Services A explains that Mrs D often kick her boyfriend's out but always take him back. [ 8 ] On the aforementioned date, Social Services A have been informed that the mother just had a baby without being informed of the pregnancy. [ 9 ] The mother changed her mind and wants the baby back with her at her mother's house.

The father wants the baby to stay with his own mother, Mrs C. [ 10 ] Actually, Mrs D took the decision to not continue with her relationship with Mr E. [ 11 ] Since November 8, 2010, the parents have contacts with the child under the supervision of the youth protection director. During this supervised visits, the social worker observed that there is no real interaction between the parents and the baby. Both parents do not seem to realise what are the child's needs and are self-centered.

The baby was clearly not the center of their attention and they fast became bored of the visit. [ 12 ] The child needs stability. He needs to be in an environment where he is safe and where his needs are answered. At the present time, the mother's environment cannot answer those needs due to the lack of parental skills of the mother and the dynamic of her family. The father is residing with his mother, but he seems not able to take care of his son. For now, the paternal grandmother is the best environment for the baby. [ 13 ] The next months will be determining for the child.

The parents will have to concretely demonstrate by taking action that they are able and willing to have their son live with them. At this time, neither of the parents have the parental skills to assume on a full time basis the custody of their child. [ 14 ] The Court is convinced that the security and development of the child are in danger because of a situation of serious risk of neglect and also a serious risk of sexual abuse.

The recommendations of the youth protection director are appropriate and in the interest of the child. [ 15 ] Considering the admissions and after the reading of the reports, the Court is satisfied and therefore: [ 16 ] MAINTAINS the present motion; [ 17 ] DECLARES that the security and development of the child X are in danger; [ 18 ] 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: [ 19 ] ORDERS that the child be entrusted to his paternal grandmother Mrs.

C; [ 20 ] ORDERS that a person working for an establishment or body provides aid, counsel or assistance to the child and his family; [ 21 ] ORDERS that the contacts between the child and his parents be according to an agreement between the parties and in the presence of a third party chosen by the youth protection director; [ 22 ] TAKES ACT that those contacts will be every week-end from Friday night to Monday morning, the first week-end at the paternal grandmother place and the second place at the maternal great grandmother; [ 23 ] TAKES ACT that during week days, the child will be at the maternal great grandmother from eight a.m. to five p.m. hours; [ 24 ] FORBIDS the contacts between the child and Mr.

E and the child Y except for Christmas and New Year's Eve during the maternal family party and those contacts will be supervised by the maternal great grandfather; [ 25 ] ORDERS that the parents take an active

part in the application of the measures ordered to correct the situation;

[ 26 ] ORDERS that the contacts between the child and his maternal grandmother Mrs D be according to an agreement between the parties and in the presence of a third party chosen by the youth protection director; [ 27 ] THE WHOLE without costs. __________________________________ LINDA DESPOTS J.C.Q. Me Véronique Crête Procureure de la directrice Me Béatrice Clément Procureur de l’enfant Me Annie Girard Procureure du père Me Michel Robert Procureur de la mère Date of hearing: December 8, 2010