2016 QCCQ 10942, 2016 QCCQ 10942

Protection de la jeunesse — 164778 2016 QCCQ 10942 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 635-41-000683-158 DATE: August 22, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2012 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A C.Y.P.C., working in Town A, Quebec, District A Applicant and MRS A, residing and domiciled in Town A, Quebec, District A Mother and MR B, residing and domiciled in Town B, Quebec, District A Father ______________________________________________________________________ JUDGMENT (Sections 95 (par. 1) and 75 YPA, RSQ c.

P-34.1 ) ______________________________________________________________________ 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 YPA). [ 1 ] Mrs [Social Worker], delegate of the Director of Youth Protection A C.Y.P.C., asks the Court to review the decision rendered on January 6, 2016 by the Honourable Jean Gravel, J.C.Q., concerning the situation of X, born […], 2012. [ 2 ] She asks that the child remain placed in a foster family for a period of six months. [ 3 ] At the hearing, the parents, present, are assisted by Me Cassandra Neptune (father) and Me Angela Tommasel (mother).

Me Marie-Claude De Gagné represents the child and Me Geneviève Apollon the applicant. [ 4 ] Following the admissions made by the parents and the occurrence reports of police in Town A concerning the great grandmother of the child and his mother, it is proved that the child's situation is always in danger and he needs to remain placed in a foster family for a period of six months. [ 5 ] Since February 4, 2015, the mother has been residing at the house where the child is fostered. The foster family is the child great grandmother.

The mother and the great grandmother assume the child and most of the cares are provided by the mother. [ 6 ] The mother is still struggling with alcohol consumption but she does not drink in presence of the child. [ 7 ] She would like to integrate A Center’s program with the child. [ 8 ] Concerning the father, he is very involved in son's life. He is bound with conditions in his probation until August 2016. He lives at his father's place where there is a lot of drinking.

He acknowledges that it is not a safe environment for the child, and consequently, he agrees to entrust the child to the mother. [ 9 ] Considering the young age of the child, the attachment of the child with his mother, her desire to attend detoxification therapy, her collaboration, her motivation and the father's agreement; FOR THESE MOTIVES, THE COURT: [ 10 ] GRANTS the motions; [ 11 ] DECLARES that the security and development of X are still in danger; [ 12 ] ORDERS the placement of the child X in a foster family for six months with reintegration with the mother; [ 13 ] ORDERS the mother to attend detoxification therapy;

[ 14 ] RECOMMENDS the father to seek help from social services concerning his personal issues (alcohol consumption and anger management); [ 15 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the child and the parents for a period of six months; [ 16 ] ORDERS the Director of Youth Protection to supervise the contacts and visits of the parents with the child (frequency, duration and degree of supervision); [ 17 ] ORDERS the police to collaborate to the execution of this judgment; [ 18 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Geneviève Apollon Attorney for the applicant Me Angela Tommasel Attorney for the mother Me Cassandra Neptune Attorney for the father Me Marie-Claude De Gagné Attorney for the child Date of hearing: July 14, 2016