2011 QCCQ 18550, 2011 QCCQ 18550

Protection de la jeunesse — 117495 2011 QCCQ 18550 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000387-115 DATE: November 9, 2011 ______________________________________________________________________ BY THE HONOURABLE ROBERT LEVESQUE, J.C.Q. ______________________________________________________________________ A Petitioner and X Child And B Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] A petition for protection purpose in respect of X (2007 […] ) is referred to the Court by the Director of youth protection pursuant to sections 38 and 75 of the Youth Protection Act. [ 2 ] The petition is based on the following assertions and facts :

a) the parents were living together until X 's mother passed away in June 2010 ;

b) since the death of her daughter, the maternal grandmother was taking care of X most of the time ;

c) most of the time, when X was with his father, he will ask his own mother to take care of X ;

d) Mr B calls X less than one every two weeks in an inconsistent way ;

e) since the last six months, there were many police interventions involving the father and Mr B was most of the time highly intoxicated ;

f) the maternal grandmother and other family members went to get X at the father's house because of party in the place or the father was sleeping and X was up alone ;

g) the father did not denied after showing him evidence that he did not pay his bills since many months ;

h) the father said that is not paying the daycare because X is not staying with him, that the maternal grandmother has to pay ;

i) the father is still received the family allowances for X ;

j) X was staying full time with her maternal grandparents since July ;

k) on August 29, 2011, a verbal agreement was take with the father concerning the fact that X will stay with her maternal grandparents during the period of evaluation ;

l) on August 30, 2011, there was a planned supervised visit at Mr B's house and the house was not ready to receive X ;

m) the house was not clean and the father has no food to give to X for her snack ;

n) the same day, the father was informed that he just has to come at the social services' office to make a calendar of visits for the next month but he never come until September 14, 2011 ;

o) the father is accused of vandalism and he will have to go to criminal Court on November 7, 2011; until that date, he is not allowed to drink alcohol ;

p) the father has a substance abuse related problems ;

q) the bound between X and his father is fragile ;

r) the father's way of life creates a risk of danger for X ;

s) X needs a stable and secure home environment. [ 3 ] At the hearing, the father is absent and unrepresented. The mother died in June 2010. [ 4 ] The child's lawyer consents to the petition's conclusions. [ 5 ] The Court studied the psychosocial report as well as reports of an educator in charge of the father's supervised visits to his

daughter. [ 6 ] The Court also examined police occurrences reports, the father's criminal record and a warrant for his arrest dated November 7, 2011. [ 7 ] Considering this evidence, the absence of the father and the position of the child's lawyer, the Court concludes that the situation described at the petition is proven and that the measures sought by the Director of youth protection are in the interest of the child. WHEREFORE, THE COURT : [ 8 ] DECLARES that the security and the development of X are considered to be in danger according to

section 38 of the Youth Protection Act ; [ 9 ] ORDERS that X be entrusted to her maternal grandparents Mrs C and M.

D ; [ 10 ] ORDERS that the father remains involved with his daughter through visitations, that will be scheduled and supervised for as long as deemed necessary by the Director of Youth protection ; [ 11 ] ORDERS that the father receives services for his personal situation and addiction counselling ; [ 12 ] ORDERS that X and her father benefit from the services of an external educator to educate the father on parenting skills and on creating a safe and healthy environment for his daughter ; [ 13 ] ORDERS Mr B to participate actively in the application of the measures intented to put an end to the situation of endangerment and more notably : - that Mr B works with the resources available or offered to him ; - that Mr B meets regularly with the Director of youth protection ; [ 14 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and her family ; [ 15 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A until October 31, 2012, for the carrying out of the present measures. __________________________________ ROBERT LEVESQUE, J.C.Q.

Me Lynn-Ann Smith, for the petitioner Me Mathieu Racine, for the child Mr B, the father (absent)