2011 QCCQ 8069, 2011 QCCQ 8069

Protection de la jeunesse — 112105 2011 QCCQ 8069 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth chamber No: 640-41-001325-106 DATE: April 8, 2011 ______________________________________________________________________ BY THE HONOURABLE DANIEL BÉDARD, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2009 [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, C.Y.P.C., working in town A, district A, Québec Applicant -and- A , residing and domiciled in town A, district A, Québec Mother -and- B , residing and domiciled in town A, district A, Quebec Father ______________________________________________________________________ JUDGMENT (

Section 38 and 91 , Youth Protection Act, R.S.Q. c. P-34.1 ) ______________________________________________________________________ I - INTRODUCTION [ 1 ] The Director of Youth Protection demands to the Court to declare the security and development of the child X, born on […], 2009, in danger. [ 2 ] The parents and the child are represented but only the father is present. II - ISSUE TO RESOLVE [ 3 ] The present file does not raise any litigious issue.

The admissions of the parents are more than sufficient to declare the security and development of the child in danger and they recognize the state of danger. [ 4 ] Furthermore, they are in agreement with the recommendations made by the Director of Youth Protection as for the measures applicable. III - ANALYSIS OF THE FACTS AND DECISION [ 5 ] The parents abuse alcohol and expose the child to conjugal violence. In the last incident of that nature, the mother was threatening to kill herself. [ 6 ] The mother has sign an undertaking prohibiting her to communicate with the father.

In the month of April 2010, the father assaulted his daughter. Following the last incident, an agreement on voluntary measures was reached with the parents. [ 7 ] The measures were not respected. [ 8 ] The parents do not live together and the collaboration of the mother with social services is not, at the present time, significant. The father started to collaborate recently. [ 9 ] The Court is convinced that the child has been exposed to conjugal violence, instability and physical abuse. The Court declares the security and development of the child in danger, for the motives alleged in the demand.

IV - MEASURES APPLICABLE [ 10 ] The parents agree with the foster care of their child in a foster family for a period of six (6) months. [ 11 ] As for the other measures applicable, they will permit reintegration of the child, if the parents collaborate and participate in the treatment plan proposed. [ 12 ] All access and visitation rights will be, given the evidence tendered, exercised under the supervision of the Director of Youth Protection. [ 13 ] FOR THESE MOTIVES, THE COURT: [ 14 ] GRANTS the demand; [ 15 ] DECLARES the security and development of the child in danger; [ 16 ] ORDERS the following measures in accordance with

section 91 of the Law:

a) the foster care of the child in a foster family, for a period of six (6) months, starting on March 1, 2011;

b) that a person working for an establishment or organism provide aid, counsel and assistance to the parents and the child, for a period of twelve (12) months;

c) that the parents collaborate and participate in the measures proposed to correct the situation; [ 17 ] AUTHORIZES the personal relations between the parents and the child; [ 18 ] ORDERS that access and visitation rights of the parents be exercised under the supervision of the Director of Youth Protection; [ 19 ] ORDERS any police officer to collaborate to the execution of the foster care measure, if requested to do so, by the Director of Youth Protection; [ 20 ] ENTRUST the situation of the child, to the Director of Youth Protection, for the purpose of executing the measures ordered by the Court. __________________________________ DANIEL BÉDARD, J.C.Q.

Me Jean-Claude Latraverse Lawyer for child Me Stéphanie Lachance Lawyer for the D.Y.P. Me Angèle Tommasel Lawyer for the mother Me Sarah Plamondon Lawyer for the father Date of hearing: March 1, 2011