2011 QCCQ 10411, 2011 QCCQ 10411

Protection de la jeunesse — 114076 2011 QCCQ 10411 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division N o : 615-41-001586-113 DATE: August 18, 2011 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on […], 2011 [SOCIAL WORKER 1], human relations agent, exercising his profession at the Centre Jeunesse A having a place of business at […] in town A, district A, […] Petitioner and A, residing and domiciled at […] in town A district A, […] Mother and B, residing and domiciled at […] in town A, district A, […] Father ______________________________________________________________________ JUDGMENT (Sections 38 and 91, 76.3 and 76.4 Y.P.A. , chap.

P-34.1 R.S.Q. ) ______________________________________________________________________ [ 1 ] [The social worker 1], delegate of the Director of Youth Protection A, asks the Court to declare the security and development of X, born on […], 2011, in danger because of the serious risk that his parents may not provide his basic needs with regard to

section 38 b) 2º of the Youth Protection Act . [ 2 ] At the hearing, the father is present. The father and the mother are represented by Me Sylvie Gourd. The child is represented by Me Claude Cossette and the petitioner by Me Valérie Martel. [ 3 ] A letter from Mr C, a Residential Counsellor at A Center, concerning the father is filed according to

section 294.1 C.P.C. [ 4 ] The judgments concerning the situation of the five brothers and sisters of X are filed. On December 21, 2010, their situation was declared in danger with regard to

section 38 (b) (1) (i), (2) (

c) and 38.1 (

b) of the Youth Protection Act and they were placed in a reception centre and foster families for nine and twelve months. [ 5 ] According to

section 76.3 and following of the Youth Protection Act , the parties submit a draft agreement. [ 6 ] They acknowledge the following facts : 6.1. The baby's siblings are all subject of a Court order from the Court of Quebec, Youth Chamber, and have been withdrawn from the parents custody, because of their way of life; 6.2. The parents consume drugs regularly; 6.3. The father is violent towards his spouse and has been in the past in the presence of the baby's siblings; 6.4. The parents experience financial difficulties; 6.5. The parents have not yet attended a detoxification therapy and follow-up.

They are scheduled to leave for therapy on May 23, 2011; 6.6. The father has not attended a therapy for his aggressiveness and violence; 6.7. Until recently, the parents had not collaborated actively and adequately with the social worker; 6.8. During the mother's pregnancy, the petitioner tried to heighten the parents awareness towards the consequences of their way of life on the unborn and soon to be born child and offered to help them, but they refused;

6.9. On or around February 15, 2011, the mother was sheltered at centre B, following an episode of conjugal violence and returned home on February 17, 2011; 6.10. On March 31, 2011, the mother gave birth to the child prematurely at 35 weeks of gestation; 6.11. The day before giving birth, the mother had taken amphetamines (speed); 6.12. The baby tested positive to the presence of THC in his urine; 6.13. Since his birth, the baby was hospitalised and was discharged on April 15, 2011; 6.14.

During the baby's hospitalisation, the parents were informed by the petitioner of his intention to request a protective placement measure for the baby; 6.15. The mother requested that the baby be entrusted to Mrs C, a maternal aunt, residing in town B; 6.16. The petitioner proceeded to evaluate Mrs D and her spouse, Mr E, and has determined that they are capable, willing and available to receive the baby; 6.17.

The parents informed the petitioner that they agreed for the baby to be entrusted to Mrs D. [ 7 ] The measures recommend a placement of the baby with Mrs D, the aunt, until December 21, 2011. [ 8 ] The father will return at the treatment center on July 18 and he already started a follow-up for his aggressiveness.

The mother is actually in therapy. [ 9 ] Mrs D, the aunt, testifies of her interest to assume the baby meanwhile. [ 10 ] Considering the evidence and the motivation that the parents show, the Court agrees with the measures submitted. [ 11 ] CONSEQUENTLY, THE COURT : [ 12 ] DECLARES the security and development of X in danger; [ 13 ] ENTRUSTS the baby X to Mrs D until December 21, 2011; [ 14 ] ORDERS the Director of Youth Protection to supervise all the visit rights, access and contacts between the parents and the child under the specific condition that the parents do not consume or be under the effect of drugs or alcohol during the visits; [ 15 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the parents and the child until June 21, 2012; [ 16 ] ORDERS the parents to attend detoxification therapy and external follow-up for the duration recommended by the therapist; [ 17 ] ORDERS the father to attend a therapy for his aggressiveness and violence; [ 18 ] ORDERS the parents to collaborate actively with the social worker; [ 19 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing the present enactment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Valérie Martel, attorney for the petitioner Me Sylvie Gourd, attorney for the parents Me Claude Cossette, attorney for the child Date of hearing: June 21, 2011