2012 QCCQ 8147, 2012 QCCQ 8147

Protection de la jeunesse — 124326 2012 QCCQ 8147 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001459-129 DATE: July 26, 2012 ______________________________________________________________________ BY THE HONOURABLE JEAN-PIERRE GERVAIS, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A., working in Town A Applicant and X, born on […], 2009 Child and A Mother and B Father ______________________________________________________________________ RECTIFIED JUDGMENT ______________________________________________________________________ [ 1 ] The applicant is presenting the Court with an application to declare endangered the security and development of X, born on […], 2009. [ 2 ] The main reasons underlying the allegation are the parents’ problems with alcohol and conjugal violence. [ 3 ] At the hearing, the father is absent but represented by counsel, the mother is present and assisted by her lawyer; the child’s lawyer speaks on her behalf as she is too young to do so. [ 4 ] Essentially, the parties recognize the facts on which the endangered situation is alleged.

Therefore, there are no reasons for discussing the matter any further. [ 5 ] However, the remedial measures require our attention as there is no agreement on them. [ 6 ] In a nutshell, it can be said that the parents have an unstable relationship marked by violence. [ 7 ] The mother is suffering with alcohol abuse problems to the extent that, on more than one occasion, she found herself in a position where could not provide her daughter with proper care. [ 8 ] Then, it was necessary for the Director of Youth Protection to get involved to ensure the child’s security. [ 9 ] As it is unlikely for the mother to be able to address the problem effectively, it appears advisable to withdraw X from her family environment for her well-being and protection. [ 10 ] The child was previously entrusted to her paternal grandparents, and so Ms.

A and Mr. B would like the same measure to be applied again. [ 11 ] However, this does not seem possible.

According to the evidence heard, the grandmother does not want to be in a position where she would have to interact with the child’s mother, considering that their relationship is not that good. [ 12 ] There are no other solutions, then, but to consider a foster placement. [ 13 ] In this respect, on the date of the hearing, X was in a non-Aboriginal family due to the lack of foster resources. [ 14 ] The mother clearly indicated that she wanted her daughter entrusted to Inuit caretakers, a concern shared by the applicant

insofar as it is feasible of course. [ 15 ] To this end, the Court recommends that X be transferred to a [Community A] family as the first opportunity. [ 16 ] FOR THESE REASONS, THE COURT: [ 17 ] GRANTS the motion; [ 18 ] ORDERS the placement of X, born on […], 2009, in a foster home for a period of six months with possible reintegration with the mother, if the situation allows; [ 19 ] AUTHORIZES supervised visitation rights to the parents under the terms and conditions set by the Director of Youth Protection; [ 20 ] ORDERS the parents to collaborate with the Director of Youth Protection; [ 21 ] ORDERS the police to collaborate in the execution of the enactment; [ 22 ] ORDERS that aid, counsel and assistance be provided to X and her family for a period of twelve months; [ 23 ] ENTRUSTS the child’s situation to the Director of Youth Protection for the purpose of executing the enactment. __________________________________ JEAN-PIERRE GERVAIS, J.C.Q.

Me Gabriel Gaudreault Cain Lamarre Casgrain Wells Lawyers for the applicant Me Cassandra Neptune Centre communautaire juridique A Lawyers for the child Me Sarah Plamondon Lawyer for the mother Me Angèle Tommasel Lawyer for the father Date of hearing: June 19, 2012