2016 QCCQ 9815, 2016 QCCQ 9815

Protection de la jeunesse — 164238 2016 QCCQ 9815 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001981-163 DATE: July 4 th , 2016 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X , born on […], 2015 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of youth protection of the A C.Y.P.C., working in City A, District A Applicant and A, residing and domiciled in City A, District A Mother and B, residing and domiciled in City A, District A Father ______________________________________________________________________ JUDGMENT (

section 38 and 75 of the Youth Protection Act , R.S.Q. c. P-34.1) ______________________________________________________________________ JL2340 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 Y.P.A.). [ 1 ] The Director of Youth Protection of A C.Y.P.C. asks the Court to declare the security and development of X, born on […], 2015, in danger because her parents neglect to provide her the physical care she needs in regards of sections 38 b 1 o 11) of the Youth Protection Act . [ 2 ] At the hearing, the mother and the father are present, assisted by Me Marie-Claude DeGagné and Me Angela Tommasel.

Me Nicolas Welt represent the child and Me Donald Bourget the applicant. [ 3 ] The parents admit some allegations and the evidence is completed with the testimonies of the social worker and the parents, the pictures of the child and her medical report. The parents disagree with the measures proposed in the social report filed. [ 4 ] It is proved that the parents have alcohol related problems and are known by the Youth Protection Services for substance abuse and violence. [ 5 ] The child X was born prematurely and was hospitalised the first two months of her life.

The child needs constant care because of her health condition but the parents failed. On December 21 st , 2015, the parents signed voluntary measures regarding the child. On February 16 th , the child’s situation was reported again because she was in critical condition and the mother, who brought her at the hospital, was highly intoxicated. [ 6 ] The child was in a sceptic shock and had untreated scabies since several weeks and pneumonia.

X was displaying several signs of severe neglect, including severe dehydration. [ 7 ] Released from hospital six days later, the child was entrusted in foster family with the parent’s consent.

[ 8 ] During the placement, the parents did not ask for contact with the child. They acknowledge that their child had scabies for two months and that they had hard time to resolve the problem. They applied some cream as prescribed and cleaned their house but not quickly as they should have. Today, the problem is solved. [ 9 ] The parents do not collaborate with the social services. They have little recognition of the problematic situation. The father is now detained and the mother has to take care of five children alone. The resources to support the family are limited.

The father testifies that he is now ready to attend the programs offered by the hospital for his issues but the mother does not show such collaboration. [ 10 ] Considering the evidence, the Court concludes that the security and development of X are endangered because of the mother poor’s collaboration, the parent’s issues and the specific needs of the child. The Court believes that the proposed measures are in the best interest of the child.

The parents must collaborate with the Director of Youth Protection and get involved in therapeutic program to stop their substance abuse, the violence in their relationship and must develop parental capacities.

FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the petition; [ 12 ] DECLARES that the security and development of X, born on […], 2015, are endangered in regards of to paragraph 38 b) 1 ii) of the Youth Protection Act ; [ 13 ] ORDERS that the child be placed in a foster family for a period of four months, until September 30 th , 2016; [ 14 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the child and her mother for one year; [ 15 ] ORDERS the mother and the father to actively participate with the social worker designated by the Director of Youth Protection; [ 16 ] ORDERS that the contacts between the parents and the child be supervised by the Director of Youth Protection as for frequency, duration and presence of a third person if needed; [ 17 ] ORDERS the father to attend detox therapy and a program for family violence; [ 18 ] ORDERS the police to collaborate in the execution of the present judgment; [ 19 ] ENTRUSTS the situation of the child to the Director of Youth Protection of A C.Y.P.C. for the purpose of executing the measures ordered by the Court. __________________________________ Denyse Leduc, J.C.Q.

Me Nicolas Welt For the child Me Donald Bourget For the applicant Me Marie-Claude DeGagné For the mother Me Angela Tommasel For the father Date of hearing: May 25, 2016