2014 QCCQ 14231, 2014 QCCQ 14231

Protection de la jeunesse — 142326 2014 QCCQ 14231 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001615-134 DATE: May 27, 2014 ______________________________________________________________________ BY THE HONOURABLE JEAN-PIERRE GERVAIS, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the district A, C.Y.P.C., working in City A APPLICANT and X, residing and domiciled in City A, Québec, District B CHILD and A, residing and domiciled in City A, Québec, District B MOTHER and B, residing and domiciled in City A, Québec, District B FATHER ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 applicant is addressing the Court, asking for a review of the decision rendered on October 17, 2013 by the Honourable Lise Gagnon, J.C.Q, declaring that the security and development of X, born on […], 2010, were in danger. [ 2 ] At the hearing, all the parties are present and represented, except for the child, given her young age. [ 3 ] Through her motion, the applicant is asking the Court to maintain the status of endangerment and to entrust the little girl to a foster family for a period of six months with the possibility of a reintegration with her mother, if the situation allows for it. [ 4 ] A is opposed to this request, considering that there is no reason for her daughter not to be returned to her immediately. [ 5 ] Although the father would also prefer this alternative, given the present circumstances, he acknowledges that the measure recommended by Youth Protection is appropriated. [ 6 ] From the record, the exhibits filed and the evidence heard, the Court mainly noted the following. [ 7 ] X is currently 3 ½ years old and a native of the Inuit community of city A. [ 8 ] The involvement of Youth Protection in the child's life has begun in the spring of 2013, following a report stating that B would have had inappropriate contacts of sexual nature towards his daughter. [ 9 ] However, through a closer exam of the family situation, the existence of other problems notably related to excessive alcohol consumption and conjugal violence were revealed. [ 10 ] On July 29, 2013, the parties submitted to the Court a draft agreement, admitting the facts from which the endangerment of the child are originating and agreeing with the measures recommended in order to put and end to this situation. [ 11 ] Thus, a placement of six months in a foster family was decreed, during which time the parents were ordered to take the necessary steps to settle their personal issues. [ 12 ] Although we can notice some improvements on the mother’s part, nevertheless it seems that on most angles, the situation remains the same.

[ 13 ] That being said, her speech concerning her excessive alcohol consumption stays equivocal, asserting on one hand to drink very rarely and being capable of controlling herself, and on the other hand entrusting her daughter to a babysitter when she drinks too much. [ 14 ] In the Court eyes, it clearly appears that the mother would benefit, without any doubt, from a specialized assistance to settle her addiction in a definitive manner. [ 15 ] Unfortunately, she does not seem inclined to consider this approach, believing she does not need such a treatment and that she is able to take care of her daughter immediately. [ 16 ] As for the father, despite the fact that he strongly denies the allegations of sexual abuse he would have committed towards his daughter, he refuses to explain the events from which originated the accusations. [ 17 ] It appears essential to the Court to make sure that the young girl will not be placed in a situation in which she risks a serious prejudice anymore. [ 18 ] Moreover, there is no doubt that the mother has good parental skills when she is sober. [ 19 ] Therefore, while hoping that she takes the necessary steps to address her addiction, there is reason to maintain the placement in a foster family for another period of six months.

FOR THESE REASONS, THE COURT: [ 20 ] GRANTS the motion; [ 21 ] REVISES the decision rendered on October 17, 2013; [ 22 ] DECLARES that the security and development of X are still in danger; [ 23 ] ORDERS that the child be entrusted to a foster family for a period of six months with a progressive reintegration with the mother, if the situation allows it; [ 24 ] ORDERS that the parents remain sober in the presence of the child; [ 25 ] ORDERS that the parents undertake steps to cope with their personal issues (sexual therapy, alcohol abuse); [ 26 ] ORDERS that the contacts between the child and the parents be determined by the Youth Protection in terms of modalities and frequency; [ 27 ] ORDERS that the contacts between the child and the father be in the presence of a third party, for as long as the question of sexual abuse is not clarified; [ 28 ] ORDERS that the parents collaborate with the Youth Protection and that they report periodically on the evolution of their situation; [ 29 ] AUTHORIZES surprise visits at the mother’s place when the child will be return to her; [ 30 ] ORDERS that the director see that the parents and the child receive aid, counsel and assistance for a period of 12 months; [ 31 ] MAINTAINS the measures ordered previously, except if obsoletes; [ 32 ] ORDERS to any peace officer to collaborate in the execution of this order; [ 33 ] ENTRUSTS the situation of the child to the director of Youth Protection, who shall then see to that the measure is carried out. __________________________________ Jean-Pierre Gervais, J.C.Q.

M e Camille Provencher Cain Lamarre Casgrain Wells Attorney for the applicant M e Cassandra Neptune Centre communautaire d’aide juridique A Attorney for the child M e Angèle Tommasel Attorney for the mother

M e Marie-Claude De Gagné Attorney for the father Date of hearing: April 23 rd , 2014