2010 QCCQ 18869, 2010 QCCQ 18869

Protection de la jeunesse — 101909 2010 QCCQ 18869 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] “Youth division” N o : 635-41-000290-095 DATE: November 18, 2010 ______________________________________________________________________ BY THE HONOURABLE MARC E.

GRIMARD, J.Q.C. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A Applican t -and- X, born on [...], 2002 Child -and- A , residing and domiciled in Town A, Quebec, district A Mother -and- B , residing and domiciled in Town A, Quebec, district A Father ______________________________________________________________________ JUDGMENT Sections 95 & 75 Y.P.A., R.S.Q. c.

P.-34.1 ______________________________________________________________________ [ 1 ] The director of youth protection is requesting from the Court to review a decision rendered on August 11, 2009, by the Honourable Jacques R. Roy, JQC, concerning X, born on [...], 2002. The Court entrusted the child to foster care with reintegration in his family if the situation allowed it and ordered different measures of help for the family’s members, the whole for a period of one year. The applicant is now recommending that the child be entrusted to foster care for a period of three months.

The parents (the father is detained) agree with the recommendation so as M e De Gagné for the child. [ 2 ] Youth protection has been involved with this family since September 2001. Throughout the years, the parents signed four different agreements on voluntary measures. The measures were most of the time the same: that the parents seek help concerning their drinking and violence problems; that the children attend school; that the contacts between the children and the parents be determined by the DYP; that the children be entrusted to foster care.

Parents have been arrested in the past for hitting their children. [ 3 ] Two days after the last Court decision in August 2009, both of the parents were arrested and detained. At the end of October 2009, Mr. B attended a program at the treatment center A. He completed his treatment but relapsed two weeks later. The mother started a treatment program on May 19, 2010 but she left the center before the end of the program. [ 4 ] While their three children were entrusted to foster care, visits were organized between the children and the parents.

Unfortunately, most of the time during the visits either the mother or the father were intoxicated. Since August 2009, the situation of the parents has not changed. They were arrested 14 times since that date for violence, drunk and drive and breach of conditions. They did not collaborate actively with the Youth Protection. [ 5 ] X is in grade 3 and he is a very active eight-year-old child having some difficulties to follow the rules. He forgets a lot of things even when those things have been repeated to him several times. A psychological assessment is needed to verify if he has learning disabilities or delays.

He was living with C from June 2009 to June 2010 and then moved to C’s house as he was spending a lot of time in her house playing with the children who live with her. He is welcome at both places. [ 6 ] Considering

Section 91.1 YPA, time is running out and a life project is needed for this child. For these reasons, the Court

will grant a placement for a period of four months.

FOR THESE MOTIVES, THE COURT: GRANTS the petition; MAINTAIN that the security and development of X, born on [...], 2002, are still compromised; ENTRUSTS the child to foster care for a period of four months; ORDERS • that a person working for an institution or body provide help, counsel or assistance to the child and the child’s parents, • that the child benefit from a psychological assessment concerning his learning ability, • the parents to seek help concerning their alcohol consumption problems and to demonstrate to the Youth Protection that they have corrected their neglecting and abusing behaviour, • that the contacts between the child and his parents be supervised by the Youth Protection (frequency and modalities), • that the exercise of some attributes of parental authority be withdrawn from the parents and granted to the Director of Youth Protection (medical, education and social documents as authorization for vacation in and outside Canada, for routine medical interventions, to see specialists, for school, hobbies, to obtain health card, social insurance number, beneficiary card and passport); ENTRUSTS the child’s situation to the Director who shall see that the measures are carried out; ORDERS the execution of the present judgment by any peace officer. __________________________________ Marc E.

Grimard, JQC M e Wolfgang Mercier-Giguère Counsel of the applicant M e Marie-Claude De Gagné Counsel for the child M e Denis Trottier Counsel of the parents Date of hearing: September 28, 2010