2011 QCCQ 12842, 2011 QCCQ 12842

Protection de la jeunesse — 114539 2011 QCCQ 12842 COURT OF QUEBEC Canada PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF […] Youth Court Division No: 760-41-004010-115 DATE: August 11, 2011 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE LINDA DESPOTS ______________________________________________________________________ IN THE MATTER OF : X Born: […], 2009 [SOCIAL WORKER 1] AND [SOCIAL WORKER 2] capacity of authorized person by the youth protection director of Les Centres jeunesse A; Petitioner -and- A , (unknown address); -and- B , residing at […], City A, (Québec), district of 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 […], 2009. [ 2 ] The Director represents that the security and development of the child are in danger for the reasons listed in

paragraph 4 of the motion. [ 3 ] Since April 2011, the children are living in a foster home following a voluntary measure. The maternal aunt, Mrs. C, is the foster home. The children are evolving well in this environment. [ 4 ] The mother is incarcerated in the United States.

She is serving a sentence and, after the end of this sentence, will have to face other charges in New York State. [ 5 ] When the mother was incarcerated, the father abandoned the children to different babysitters. [ 6 ] The children have witnessed domestic violence between the father and his girlfriend on several occasions. [ 7 ] Since April 2011, the father has asked only once to have a contact with his children. He does not collaborate with the petitioner and is verbally violent towards the social workers. The father admits he has never taking care of his children on a fulltime basis.

The father lacks parenting skills. [ 8 ] The paternal grandmother admits that she cannot take care of the child X. [ 9 ] The Court is convinced that the security and development of the children are in danger because of a situation of neglect.

The recommendations of ACFS are appropriate and in the interest of both children. [ 10 ] Considering the admissions and after the reading of the report, 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 one year : [ 14 ] ORDERS that the child remains in a foster family; [ 15 ] TAKES ACT that the foster family is the maternal aunt, Mrs.

C; [ 16 ] ORDERS that a person working for an establishment or body provides aid, counsel or assistance to the child and her family; [ 17 ] ORDERS that the parents take an active

part in the application of the measures; [ 18 ] RECOMMENDS that the parents complete a drug and alcohol assessment and follow the recommendations; [ 19 ] RECOMMENDS that the parents attend, participate and complete the Program A to enhance their parenting skills; [ 20 ] RECOMMENDS that the father completes an anger management program; [ 21 ] RECOMMENDS that the father attends and participates in a domestic violence program A; [ 22 ] ORDERS that the parents inform A Services of any change of address ant phone number; [ 23 ] WITHDRAWS the exercise of certain rights of parental authority from the parents and AUTHORIZES A Services to sign the authorizations required for medical, birth certificates, status cards and health cards; [ 24 ] AUTHORIZES the contacts between the child and her parents according to an agreement between the parties; [ 25 ] THE WHOLE without costs. __________________________________ LINDA DESPOTS J.C.Q.

Me Karine Nantais Procureure du directeur Me Michel Robert pour Me Béatrice Clément Procureur de l’enfant Date of hearing: August 11, 2011