2012 QCCQ 13835, 2012 QCCQ 13835

Protection de la jeunesse — 125467 2012 QCCQ 13835 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] “Youth Division” No: 610-41-000532-119 DATE: October 26, 2012 ______________________________________________________________________ BY THE HONOURABLE MARC E.

GRIMARD, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], human relations agent, exercising her profession at the Centre jeunesse A, having a place of business at […], city A, district A, […] Applicant -and- X, residing at […], city B, district A, […] Child -and- A Mother -and- B , domiciled and residing at […], city B, district A, […] Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The situation of X, born on […], 2010, is referred to the Court in order to declare her security and development as being in danger accordingly to

Section 38 b) 2 o of the Youth Protection Act (risk of neglect from her parents’ part). [ 2 ] In the past, M e Sylvie Gourd represented both parents. The day before the present hearing, she had a telephone conversation with the mother who stated that she was still with the father. At the hearing, the father said to the Court that he was no longer with the mother. In those circumstances, M e Gourd could not represent the father anymore.

She admitted for the mother all the allegations and agreed with the recommendations. [ 3 ] The father admitted most of the allegations and agreed that his younger daughter be entrusted to his sister, Mrs C. The child’s attorney could not make any admissions because of the young age of his client. [ 4 ] The child is entrusted to her paternal aunt since January 2011, at first by two voluntary measures and then, on December 8, 2011, by an order while proceedings in progress. The hearing of this petition was postponed in April and in June 2012, so that the parents may attend different treatment centers.

The father also had to settle some files in Criminal Court, that may involved to be sent in prison. [ 5 ] The parents’ situation is unstable: they have been going back and forth between Ontario and Québec, so the follow-up was impossible, they have drug and alcohol issues, aggressiveness and conjugal problems, etc. This reality has been going on for years. Voluntary measures were applied in the past in order to help them to resolve their problems and then be able to assume their parental responsibilities. They have been in and out of different treatment centers, mostly not completing them.

The mother is now in the area of city D, province A, awaiting to attend another treatment center. [ 6 ] Lately, the father was attending a treatment center in city E, but decided to leave to work by himself on his problems. He says that, over the years, he attended many treatment centers and knows most of the programs. He now believes that no program can help him if he, himself, has not decided to change. He says that he now wants to change his life around. [ 7 ] He does not wish to be involved with the mother anymore.

He wishes to see his two other children who live in city E whom he has not seen for the last five years. He is even considering renewing his relationship with the mother of those two children who are now 11 and 8 years old. [ 8 ] Mrs A also has two other children that are placed in foster care until their majority because of the same life dynamics of the mother that is reported to the Court today. [ 9 ] Mrs C testifies that X is a happy little girl, and that she is ready, and so is her spouse, to take care of her until she reaches her majority.

[ 10 ] Taking into consideration the history of both parents - the fact that there has been little improvement in the situation of the mother and that the father is still struggling with his own issues - it is impossible to return this child to her parents in a near future. FOR THESE REASONS, THE COURT: GRANTS the petition; DECLARES that the security and development of X, born on […], 2010, are in danger accordingly to

Section 38 b) 2 o of the Youth Protection Act; ENTRUSTS the child to Mrs C, paternal aunt, until she reaches her majority; ORDERS that the director of Youth Protection supervise the contacts between the child and her parents; ORDERS that the parents be sober during these contacts and that they not consume drug or alcohol in the presence of the child; ORDERS that the parents take an active

part in the application of the measures ordered by the Court; ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child, the child’s parents and to Mrs C; ORDERS that the mother take

part in a psychological follow-up for her personal issues; AUTHORIZES , in the interest of the child, the exchange of information between the different workers involved in her situation; ENTRUSTS the situation of the child to the director who shall then see that the measure is carried out; ORDERS any peace officer to collaborate in the execution of this enactment, if requested by the director. __________________________________ Marc E. Grimard, J.C.Q. M e Julie Lemire Counsel for the applicant M e Sébastien Lebel Counsel for the child M e Sylvie Gourd Counsel for the mother Date of hearing: September 12, 2012