2017 QCCQ 16709, 2017 QCCQ 16709

Protection de la jeunesse — 177133 2017 QCCQ 16709 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002109178 DATE: October 20, 2017 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...],2017 [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection [...], working in City A, district A, Québec Applicant and A, residing and domiciled in City A, district A, Québec Mother and B , residing and domiciled in City A, district A, Québec ______________________________________________________________________ JUDGMENT (sections 38 and 91 of the Youth Protection Act ) ______________________________________________________________________ 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 Director of Youth Protection A asks the Court to declare the security and development of X, 16 months old, in danger because of the failure of his parents to provide him appropriate supervision and because of psychological ill-treatment (section 38 (b) 1° iii) and (

c) of the Youth Protection Act ). [ 2 ] At the hearing the father is present and also the mother. They are assisted by M e Angèle Tommasel and M e Marianne Leonard. The child is represented by M e Cassandra Neptune and M e Aubrée Coutanson represents the applicant, duly authorized Mr. [Social Worker 1]. [ 3 ] The father admits few allegations, denies the conjugal violence and disagrees with the measures recommended.

He wants his son entrusted to his own mother. [ 4 ] The mother admits all the allegations but denies the conjugal violence and wants the same measure as the father. [ 5 ] Evidence is completed for the compromission and the applicable measures with the testimony of the applicant, the evaluation and orientation report dated September 5, 2016, by Mr. [Social Worker 2] and his social study. [ 6 ] It is proved that the Director of Youth Protection is involved in the life of the child since May 2016 as the mother was highly intoxicated with the baby and conjugal violence was occurring between the parents.

Another report was done on June 30, 2016, when police were called and intervened at the mother’s home. She was highly intoxicated with the baby on her back and a bottle of vodka on her chest. [ 7 ] On September 5, 2016, and June 1, 2017, the parents signed voluntary measures and the child remained in foster family. Since September 22, 2016, the child is entrusted to the same foster home in City B and he is doing well. [ 8 ] The parents never collaborated with the social worker over the voluntary measures. The never showed motivation to seek help. The hardly acknowledged their problems.

The still struggle with alcohol, drugs and conjugal violence issues. Now, as the mother is pregnant, she does not consume alcohol and drugs. [ 9 ] During the placement, the parents never had contacts or made requests to visit him. They did not ask for news. [ 10 ] Unfortunately, the foster family in City B just decided to give up the baby. Before they were interested to have him on a long- term basis but for unknown reason, they changed their mind. Consequently, the child will have to integrate a new foster family.

The relatives are not interested, and the paternal grandmother also has an alcohol consumption problem. Other children had to be removed from her custody recently. The parents are not aware of this situation. They do not offer any evidence in defence.

[ 11 ] FOR THESE MOTIVES, THE COURT: [ 12 ] GRANTS the motion; [ 13 ] DECLARES the security and the development of X in danger according to

section 38 (

b) iii) and (

c) of the Youth Protection Act; [ 14 ] ORDERS the child’s placement in a foster family chosen by the institution operating a child and youth protection centre until August 31, 2018; [ 15 ] ORDERS the Director of Youth Protection to supervise the contacts between the child and the parents as for modalities, the frequency and the degree of supervision; [ 16 ] ORDERS that the contacts of the parents with the child be conditional to the parents' involvement in the social follow-up; [ 17 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the child and the parents until August 31, 2018; [ 18 ] ORDERS the parents to collaborate actively with the social worker and the social services; [ 19 ] RECOMMENDS that the parents seek help through the social services for their personal issues; [ 20 ] ORDERS the police to collaborate to the execution of the present judgment; [ 21 ] ENTRUSTS the youth’s situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Cassandra Neptune Attorney for the youth Me Aubrée Coutanson Attorney for the applicant Me Marianne Leonard Attorney for the mother Me Angèle Tommasel Attorney for the father Date of hearing: August 15, 2017