2013 QCCQ 9634, 2013 QCCQ 9634

Protection de la jeunesse — 132692 2013 QCCQ 9634 JG2072 COUR DU QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] «Youth Division» N° : 505-41-007228-135 DATE : May 27 th , 2013 ______________________________________________________________________ BEFORE THE HONOURABLE MARIO GERVAIS ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by The Director of youth protection of le Centre jeunesse A, Petitioner -and- X, born on […], 2012 Child-respondent -and- A Mother-respondent -and- B Father-respondent ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act ______________________________________________________________________ [ 1 ] The Court hereby confirms and provides reasons for a decision rendered verbally at the hearing of May 27 TH , 2013, in accordance with the provisions of

Section 90 of the Youth Protection Act . [ 2 ] The Director of youth protection, acting through a duly authorized person, (the Director) petitions the Court with a motion to declare that the security and the development of the child X, born on […], 2012; [ 3 ] The Director alleges that the security and development of the child should be declared in danger for the following reasons: ➢ There is a serious risk that the child's parents will not provide adequately for the child's basic needs; ➢ The child is seriously or repeatedly subjected to behaviour on the part of the parents That could cause harm to the hER, and the parents fail to take the necessary steps to put an end to the situation.

[ 4 ] The Director mainly recommends that the child be entrusted to her mother, under the condition that the child and the mother reside with the grandmother, Mrs. C, with a social follow-up for a period of six months. [ 5 ] Parents and child’s lawyer admit that the security and development of the child should be declared in danger for the reasons alleged by the Director. All parties are in agreement with the Director’s recommendations. [ 6 ] The evidence reveals: ➢ The parents of the child, A and B, are very young parents.

They are still in their minority; ➢ The parents have had a conflictual relationship in the past that has improved recently; ➢ The mother has a tendency to lie and to make false accusations; ➢ The father and the maternal grandfather had a physical altercation in the presence of the child.

Police officers were called and complaints were filed; ➢ The maternal and paternal grandparents are hostile towards each other, even in the presence of the child; ➢ In Autumn 2012, the mother was enrolled in the A high school program, where she did well; ➢ Since February 5 th , 2013, the mother is residing at A; ➢ The mother has made considerable efforts to improve her parenting skills and to respond adequately to the child’s needs. ➢ At first, the mother did struggle to give the child the proper care she needed but is now able to resume her care in the community with the support of her own family; ➢ Mrs C is a positive figure in the mother’s life.

She accepts with enthusiasm that the mother and the child live with her and to support the mother in her parental responsibilities; ➢ The maternal grandfather has overcome a drug issue.

He is proud of his accomplishment and wants to assume a positive role in his child’s and grandchild’s lives. ➢ The father is not open to receive services from the Director; ➢ The father lacks the parental skills to assume alone the care of the child for a long period; ➢ The father and his family are undermining social services offered to the mother. [ 7 ] Security and development of the child are to be declared in danger for the reasons alleged by the Director.

Recommended measures shall be ordered in the best interest of the child. [ 8 ] WHEREFORE, THE COURT : [ 9 ] GRANTS the motion; [ 10 ] DECLARES that the security and the development of the child X are in danger under Sections 38 b) 2° and 38

c) of the Youth Protection Act; [ 11 ] ENTRUSTS the child to her mother, on the condition that she resides with her grandmother, Ms C; [ 12 ] ORDERS that parents report periodically to the Director on the measures they apply to put an end to the situation in which the security or development of the child are in danger; [ 13 ] ORDERS that a person working for an institution or a body provide aid, counselling and assistance to the child and her family; [ 14 ] ORDERS that the contacts between the child and her father be established upon agreement between the parties and TAKES JUDICIAL NOTICE that they will take place from 7 PM Friday to Sunday at noon; [ 15 ] ORDERS that the contacts between the child and her extended family be established upon agreement between the parties and the said family members; [ 16 ] ORDERS that the parents meet with the social worker on a regular basis to update their situation; [ 17 ] RECOMMENDS that the mother: ➢ Continue to attend the A School Program during the summer and until the end of the measure; ➢ Continue to practice the child rearing skills she learned at A; ➢ Continue to participate to the ongoing A services. [ 18 ] RECOMMENDS that the father participate in a program to develop his parental skills in order to assume his responsibilities as a father;

[ 19 ] ENTRUSTS the situation of the child X to the Director for the execution of the measures; [ 20 ] THE WHOLE, for a period of six months. __________________________________ MARIO GERVAIS, J.C.Q. M e Véronique Crête Attorney for DYP M e Dominique Desjardins Attorney for the child M e Marie-Pierre Blouin Attorney for the mother M e Patrick Cormier Attorney for the father