2018 QCCQ 18072, 2018 QCCQ 18072

Protection de la jeunesse — 188970 2018 QCCQ 18072 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 640-41-002168-182 DATE: October 15, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2014 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection [...], district A Applicant and A, residing and domiciled [...], district A Mother and B, residing and domiciled [...], district A Father and C, residing and domiciled [...], district A Caregiver ______________________________________________________________________ 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 A. submits to the Court an application asking that the security and development of X, 4 years old, be declared in danger because her parents fail to provide her appropriate supervision or support and because she runs a serious risk of being subjected to gestures of sexual nature by the child’s parents as another person and the child’s parents fail to take the necessary steps to put an end to the situation (section 38 b) (1) iii) and d)

(2) Y.P.A.). [ 2 ] At the hearing, the mother is absent but represented by Me Angèle Tommasel, Mr C, declared interested party at the provisional measures hearing, is present and represented by Me Marianne Léonard. Me Cassandra Neptune represents the child and Me Sarah Bourgeois Lessard the applicant.

The father is absent. [ 3 ] The evidence is constituted of admissions done by the mother, the judgments in revision rendered for 4 siblings in May 2017, the undertaking given by C before a justice of the peace in April 2018, an evaluation and orientation report signed on February 19, 2018, psychological assessment report dated February 22, 2018, many occurrences reports concerning C and statements, a revision and a complementary report done on July 27, 2018, are also filed. The social worker testifies. [ 4 ] The following facts are proven. 4.1. X’s parents gave her to C through traditional adoption.

But this adoption was not completed, the parents are not involved in the life of the child. The siblings of the child are already subject of a decision of the Court of Quebec; 4.2. Mr C displays alcohol consumption and personal issues. On October 13, a report was done do Youth Protection regarding X, because an event of violence happened in the family household as Mr C was highly intoxicated. There are a lack of hygiene and of food sometimes at home; 4.3. Voluntary measures are signed on February 21, 2018, by the parents and Mr C; 4.4.

On April 5, 2018, the child’s adoptive sibling (13 years old) ran away from the house of Mr C, as she was crying and scared. She went to the house of Mr C’s mother, where she passed out as she was intoxicated; 4.5. On April 6, 2018, the Youth Protection received a report that Mr C would have sexually abused of a 10 years old youth. Two days later, the Youth Protection received a report that Mr C would have sexually abused the adoptive sibling of 13 years old; 4.6. Immediate protective measures were taken and the child was intrusted in a foster family;

4.7. On April 15, 2018, Mr C was arrested and detained; [ 5 ] Because of Mr C’ behaviour and his alcohol consumption issues, because the child is often under the responsibility of her 13 years old sister, because the child’s needs are neglected, the Court declares the security and development in danger in regard to

section 38 b)(1) iii) and d)

(2) Y.P.A. [ 6 ] For the measures, the applicant recommends her placement in a foster family for one year. The child is now in the family of D, a relative of the mother. The child evolves well in this family. The director is evaluating Mrs D as a foster family and if the evaluation is positive, the child will be entrusted to her. Mrs D also consumes alcohol but would always be in control, that information needs more investigation. [ 7 ] Considering the whole evidence, the Court endorses the recommendations. FOR THESE MOTIVES, THE COURT: [ 8 ] ALLOWS the application; [ 9 ] DECLARES that the security and development of X are in danger with regard to

section 38 b) (1) iii) and d) (2) of the Youth Protection Act; [ 10 ] ORDERS the placement of the child in a foster family, chosen by the institution operating a child and Youth Protection Center; [ 11 ] RECOMMENDS the family of Mrs D if she is accredited as foster family; [ 12 ] ORDERS the Director of Youth Protection to supervise the contacts between the child and her mother and Mr C as for the frequency and other modalities, duration and presence of a third party; [ 13 ] ORDERS the mother and Mr C to remain sober in presence of the child; [ 14 ] RECOMMENDS that Mr C be evaluated by a psychosexual psychologist; [ 15 ] RECOMMENDS that X attends daycare; [ 16 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the child, her parents and Mr C, for one year; [ 17 ] RECOMMENDS that the mother and Mr C seek help for their alcohol and personal issues; [ 18 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing this judgment; [ 19 ] ORDERS any police officer to collaborate in the execution of the present judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Sarah Bourgeois Lessard Attorney for the applicant Me Cassandra Nepture Attorney for the child Mrs A Mother Mr C Father Me Marianne Léonard Attorney for the caregiver Date of hearing: July 24, 2018