2013 QCCQ 18750, 2013 QCCQ 18750

Protection de la jeunesse — 137340 2013 QCCQ 18750 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth chamber No: 640-41-001571-139 DATE: December 19, 2013 ______________________________________________________________________ BY THE HONOURABLE JUANITA WESTMORELAND-TRAORÉ, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born [...], 2012 [SOCIAL WORKER1] , youth protection worker, duly authorized by the Director of Youth Protection a. working in City A Applicant -and- A , residing and domiciled in City A, Quebec, district A Mother -and- B, residing and domiciled in City B, Quebec, district A Father ______________________________________________________________________ JUDGMENT ( Sections 95 ( par.1) and 75 , Youth Protection Act , R.S.Q. c.

P-34.1) ______________________________________________________________________ Introduction [ 1 ] The Court hereby gives reasons for the oral judgment rendered on November 11, 2013 on the Motion in Revision under

Section 95 of the Youth Protection Act , hereinafter referred to as the Act. [ 2 ] The Director of Youth Protection is seeking an order placing the child X in foster care, ordering the collaboration and reporting by the parents, supervised visits and social follow-up. [ 3 ] Both parents were present and represented by a lawyer at the hearing. The child was represented by her lawyer. [ 4 ] The parents agree with the recommendations of the Director; after the close of the evidence, the lawyer for the child agreed to the recommendations.

The Facts [ 5 ] On May 22, 2013, according to the judgment of my colleague, the Honorable Jacques Roy, X was placed in foster care with her maternal grandmother. [ 6 ] The child's mother, Ms. A, continues to have serious issues with consumption of alcohol. [ 7 ] On June 5, 2013, she was convicted for driving with impaired faculties. [ 8 ] On June 13, the father was convicted of assault against her. [ 9 ] As recently as October 2, the mother was intoxicated while caring for her daughter.

Moreover, the parents don't respect the modalities of visitation set by the Director of Youth Protection. [ 10 ] X is doing well in the care of her maternal-great grandmother and biological mother. Because of her young age, however, she remains very vulnerable. [ 11 ] [Social Worker1], the Youth Protection Worker, testified and produced her Revision Report as Exhibit D-2.

[ 12 ] She considers that the parents have the potential of becoming caring and loving parents but due to their present lack of cooperation with Youth Protection Services, they are not able to adequately care for their daughter. [ 13 ] The parents minimize their problems and do not follow through on arrangements to meet with Youth Protection workers.

Analysis [ 14 ] The evidence proves that X continues to be exposed to her parents while they are intoxicated and that her parents have conjugal violence issues. [ 15 ] The parents agree that X should remain with her maternal great-grandmother. [ 16 ] Although they have expressed the desire to have X under their care, they have not undertaken the steps necessary for this to come about.

It is urgent that they address their personal problems and seek assistance since X is approaching the maximum period of one year's placement after which time a Court may require the preparation of a life plan for her and impose the placement of their daughter until her age of majority.

Conclusion [ 17 ] Considering the admissions of the parents, the oral and documentary evidence and the agreement of the parties to the measures proposed by the Director, the Court finds that the security and development of the child X continue to be in danger and that the recommendations of the Director are warranted. [ 18 ] FOR ALL THESE REASONS, THE COURT : [ 19 ] GRANTS this motion; [ 20 ] REVISES the decision rendered on May 22, 2013 by Judge Jacques Roy; [ 21 ] DECLARES that the security and development of the child X, born [...], 2012, are still in danger; [ 22 ] ORDERS the foster care of the child in a foster home namely with the maternal grandmother for a period of six (6) months; [ 23 ] ORDERS that both parents seek services in relation to their alcohol problems and conjugal violence issues; [ 24 ] ORDERS that both parents collaborate with the delegate who is assigned to the case by the Director of Youth Protection; [ 25 ] AUTHORIZES unannounced visits when the child is entrusted back in her parent's care; [ 26 ] ORDERS that the contacts between the child X and her parents be supervised by the Director of Youth Protection as to their frequency and modalities; [ 27 ] ORDERS the parents to remain sober in the presence of the child X; [ 28 ] ACKNOWLEDGES that the parents agree to report periodically to the Director of youth protection; [ 29 ] ORDERS that aid, counsel and assistance be provided by a person working for an institution or a body for a period of twelve (12) months; [ 30 ] ENTRUSTS the situation of the child X to the Director of Youth Protection for the purpose of executing the enactment. _______________________________________ JUANITA WESTMORELAND-TRAORÉ, J.C.Q.

M e Joanie Jacob Lawyer for the child M e Robert-André Adam Lawyer for the D.Y.P. M e Angela Tommasel Lawyer for the mother M e Angela Tommasel

Lawyer for the father Date of hearing: November 11, 2013