2012 QCCQ 15606, 2012 QCCQ 15606

Protection de la jeunesse — 123281 2012 QCCQ 15606 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division N o : 640-41-001449-120 DATE: April 26, 2012 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X , born on […], 2007 MRS [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A, Quebec, district A Petitioner and MRS A, residing and domiciled in Town A , Quebec, district A Mother ______________________________________________________________________ JUDGMENT (Sections 38 and 91 Y.P.A. , chap.

P-34.1 R.S.Q. ) ______________________________________________________________________ [ 1 ] Mrs [Social Worker 1] , delegate of the Director of Youth Protection of A, asks the Court to declare the security and development of X, born on […], 2007, in danger according to

section 38 (b) , (

c) and (

e) of the Youth Protection Act . [ 2 ] At the hearing, the mother is absent even if duly served. Transportation and babysitter were offered, but she refused to attend Court. She is informed of the recommendations. There is no father declared. The child is represented by Me Yan Massé and Me Robert- André Adam represents the petitioner. [ 3 ] A provisional order of placement was rendered on February 28, 2012 and the child is in a foster home.

Previously, on January 27, the mother signed a provisional agreement for his placement in a foster home. [ 4 ] Considering these informations and with the consent of the child's lawyer, the Court proceeds to the hearing even in the mother's absence. [ 5 ] Evidence reveals that the child display a fragile health conditions that requires specific cares and a close attention for his medical problems. A medical report is filed. The child spent more than two years in hospital and requires a specific treatment and exercises. Unfortunately, the mother does not respect the medical treatment suggested.

She is negligent and displays aggressive behaviour towards her four-years old son. On several occasions, she left him alone with his siblings without proper supervision. On January 25, 2012, the mother hit the child and caused him severe bruising and swelling on the nose. A declaration of the child's sister, 16 years old, made to the police, confirmed the incident.

A medical report confirmed also the bruises found all over the child's body. [ 6 ] The mother has no bound with his son and is ready to give him for adoption. [ 7 ] Consequently, the Court declares the security and development of X endangered for all the alleged motives. [ 8 ] In her social report, the Social Worker recommends the child's placement in a foster family for a period of six months. [ 9 ] The child is functioning well in his foster family. He is eating well and is sleeping adequately. [ 10 ] The mother does not want him back with her.

She admitted to the Social Worker that she wants to have him adopted by one of her acquaintances and that she does not have the patience to deal with his needs. [ 11 ] The biological father identified does not want to be informed of X's situation. [ 12 ] FOR THESE MOTIVES, THE COURT : [ 13 ] DECLARES the security and development of X endangered pursuant to

section 38 (b) , (

c) and (

e) of the Youth Protection Act ;

[ 14 ] ORDERS the placement of X in a foster family for a period of six months without any reintegration at the mother's place; [ 15 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the child and his mother, if she requests these services; [ 16 ] ORDERS the Director of Youth Protection to proceed to a complete medical evaluation of the child to provide him all the medical and psychological cares he might need; [ 17 ] ORDERS the Director of Youth Protection to establish a life project for X; [ 18 ] ORDERS any police officer to collaborate in the execution of the present Court order; [ 19 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing this enactment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Robert-André Adam, attorney for the petitioner Me Yan Massé, attorney for the child Date of hearing: April 5, 2012