2016 QCCQ 16902, 2016 QCCQ 16902

Protection de la jeunesse — 167811 2016 QCCQ 16902 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 635-41-000711-165 DATE: December 2, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2006 MRS [SOCIAL WORKER 1] and MR [SOCIAL WORKER 2], youth protection workers, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A, Quebec, District A Applicants and MRS A, residing and domiciled in Town A, Quebec, District A Mother ______________________________________________________________________ JUDGMENT (Sections 38, 75 and 91 Y.P.A., R.S.Q. c.

P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified. Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection of the A C.Y.P.C. asks the Court to declare the security and development of X, 10 years old, in danger with regard to

section 38 (b) (1) iii., (c) , (d) (2) and (e) (2) of the Youth Protection Act. [ 2 ] At the hearing, the mother is present, assisted by Me Angèle Tommasel. The child is represented by Me Cassandra Neptune and Me Geneviève Apollon assists the applicant, Mr [Social Worker 2]. [ 3 ] The parties admit most of the allegations and agree with the measures proposed in the social studies dated August 26 and October 1, 2016 filed. The occurrence reports of the K.R.P.F. in Town A between March 16, 2014 and July 21, 2016 are also filed. [ 4 ] It is proved that the mother works at A Mine two weeks per month.

The child is entrusted to the care of her grandmother when the mother is away. [ 5 ] At the grandmother’s place lives also Mr B, the mother’s brother. Mr B drinks alcohol in presence of the child and is very violent. There is also under the same roof, a cousin who sexually assaulted the child.

Even if the mother and the grandmother were aware of the situation, they did nothing to prevent it nor did not inform the Youth Protection of the situation. [ 6 ] It is only after the intervention of the Youth Protection that the cousin left the house in April 2016. [ 7 ] With such evidence, we conclude that the grandmother is not able to provide the adequate supervision the child needs and nor does the mother. [ 8 ] The mother signed voluntary measures with Youth Protection from January 3, 2016 to June 4, 2016.

She acknowledged the violent temper of Mr B and his violence at home particularly towards his son. [ 9 ] Since a few months, the mother is more opened and collaborative. She took the steps to address X’s academics needs and has established a proper safety plan for her daughter while providing her with a more permanent plan while she is working in A Mine.

Now, she needs help and support to assume the permanent responsibility of her daughter. [ 10 ] Considering the situation, the evidence and the agreement; FOR THESE MOTIVES, THE COURT: [ 11 ] DECLARES the security and development of X in danger; [ 12 ] REMAINS the child X with her mother;

[ 13 ] ORDERS the mother to report periodically to the Director of Youth Protection on the measures she applies to put an end to the situation of compromising; [ 14 ] ORDERS the child and the mother to take an active

part in the application of the measures ordered by the Court; [ 15 ] ORDERS that the child receive specific health services, particularly for victim of physical and sexual abuse; [ 16 ] ORDERS that the child attend school on regular basis; [ 17 ] PROHIBITS the mother to consume alcohol in presence of the child; [ 18 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the child and her family until January 25, 2017; [ 19 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Geneviève Apollon Attorney for the applicants Me Angèle Tommasel Attorney for the mother Me Cassandra Neptune Attorney for the child Date of hearing: October 14, 2016