2014 QCCQ 17263, 2014 QCCQ 17263

Protection de la jeunesse — 142328 2014 QCCQ 17263 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001725-149 DATE: May 30, 2014 ______________________________________________________________________ BY THE HONOURABLE JEAN-PIERRE GERVAIS, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A APPLICANT and X, residing and domiciled in City A, Québec, district A CHILD and A, residing and domiciled in City A, Québec, district A MOTHER and B, presently detained at the detention center of City B, Québec, district B FATHER ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 applicant is addressing the Court, asking that it declare the security and development of X, born on […], 2012, as being compromised in regard to

Section 38 b) 2 o and 3 o of the Youth Protection Act. [ 2 ] The child is represented but not present at the hearing, given her young age. The father, who is currently detained, is present and represented, whereas the mother, who has been advised of the present motion, chose not to be present or appoint a counsel. Therefore, the Court decides to proceed with the hearing of the file in the absence of the mother. [ 3 ] In regards to the position of the parties, the applicant is requesting a placement in a foster family for a period of nine months.

As for the father, although he recognises the state of endangerment, he does not agree with the recommendation and is requesting that his daughter be entrusted to him as soon as he is released, on May 22 nd , 2014. [ 4 ] From the evidence, the admissions stated and the exhibits filed on record, the Court retains the following. [ 5 ] This file was opened on February 26, 2014 when a tragic incident was then brought to the attention of the Youth Protection; the child’s younger brother, who was only three months old at the time, was found dead while under the care of his mother. [ 6 ] Even though the circumstances surrounding his death remain unclear and are still under investigation, the DYP decided to react immediately and retained the report concerning A. [ 7 ] Upon examination of the situation, it was revealed that the parents are struggling with serious personal issues (drinking addiction and conjugal violence) disabling them from taking proper care of the child on a daily basis and ensuring her security. [ 8 ] The father has a heavy criminal history.

He has been detained from last January and, as mentioned prior, should be released on May 22 nd , 2014. [ 9 ] He does not recognize having a drinking problem whatsoever and he believes that his daughter should be returned to him, as he would be capable of taking care of her with the help of his mother and sisters with whom he intends to live. [ 10 ] We can already mention that the DYP is not at ease with this suggestion, given they have not yet assessed the family environment in which the child would be evolving, nor have they determined if the father has the abilities needed to take care of his daughter adequately.

[ 11 ] The applicant is surly not against the above mentioned alternative in the event that the father stabilizes his situation and can clearly demonstrate that the problems known to him, for example excessive alcohol consumption and violence, are no longer issues in his life. [ 12 ] As for the mother, it is difficult, for the time being, to get a clear grasp of the situation and to know where she is at in her life. [ 13 ] That been said, the applicant testifies that the mother is still deeply affected by her son’s death and that she left her home in City A, not being able to live there anymore and face the reproaches from the father’s family. [ 14 ] As for the situation in regards to alcohol consumption, it is impossible for the moment to find out if she still has a drinking problem, no recent information on this matter being available.

Regardless, the actual situation being as described, it is obvious she is not available for the child as she is overwhelmed by her own issues. [ 15 ] In these circumstances, there is all the more reason for the Court to maintain the placement in foster care while permitting contacts between the child and her father.

DYP will then be able to evaluate if his proposition to have his daughter entrusted to him is conceivable in a near future. [ 16 ] Following the conclusions of the hearing, the child's counsel took position, declaring that it is in the best interest of the child to be entrusted to a foster family at this time, although she is questioning the suggested length of the placement.

She considers that a period of six months instead of the nine months suggested by the applicant should be sufficient to clarify the situation. [ 17 ] The Court agrees with this position, believing that, if the father really wishes to straighten his personal situation and assume his role as a parent towards his daughter, six month's time will be enough to complete an assessment of his environment and to determine if the proposition is a viable alternative. FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the motion; [ 19 ] DECLARES that the security and development of X, born on […], 2012 are in danger accordingly to

Section 38 of the Youth Protection Act; [ 20 ] ORDERS the placement of the child in a foster family until December 15, 2014; [ 21 ] ORDERS that the director see that the child, her parents and the foster family receive aid, counsel and assistance for the same period; [ 22 ] ORDERS that the contacts between the child and her parents be supervised by the director in terms of frequency and modalities, including supervision, and that they be encouraged; [ 23 ] ORDERS that the parents remain sober when in the presence of the child; [ 24 ] ORDERS that the child receive the health services required by her situation; [ 25 ] ORDERS that the parents take and active

part in the social follow-up; [ 26 ] ENTRUSTS the situation of the child to the director who shall then see that the measure is carried out. __________________________________ Jean-Pierre Gervais, J.C.Q. M e Camille Provencher Cain Lamarre Casgrain Wells Attorney for the applicant M e Cassandra Neptune Centre communautaire juridique A Attorney for the child M e Angèle Tommasel Attorney for the father Date of hearing: April 23 rd , 2014