2013 QCCQ 17761, 2013 QCCQ 17761

Protection de la jeunesse — 138308 2013 QCCQ 17761 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] LOCALITY [...] Youth Court Division No: 760-41-004560-135 DATE: December 17, 2013 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE ERIC HAMEL, J.C.Q. ______________________________________________________________________ X Born : [...], 2001 Child THE DIRECTRICE OF YOUTH PROTECTION Declarant -and- A B Parents of the child JH5421 ______________________________________________________________________ JUDGMENT Sections 38 of the Youth Protection Act ______________________________________________________________________ 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 11.2.1 and 135 Y.P.A .] [ 1 ] The Court hereby confirms and provides reasons for a decision rendered verbally at the hearing of November 19, 2013 and December 17, 2014. [ 2 ] The Directrice of youth protection, acting through a duly authorized youth protect-tion worker, (the Directrice) petitions the Court with a Motion for protection, according to Sections 38 of the Youth Protection Act , in the matter of the child X , born on [...], 2001. [ 3 ] Essentially, the Director alleges that the security and development of the child are compromised for the following reasons : • The father is presently detained in the United States of America and will remain there for a while; • The mother pleaded guilty on December 13 th , 2013 to criminal accusations and was released from jail with the condition to stay in the United States of America until her sentence will be render; • The parents neglect the child on an educational plan. [ 4 ] The Directrice recommends mainly the placement of the child in a foster family namely the one of the paternal aunt, D and

social follow up for a period of one year. [ 5 ] The parents were duly served on November 30, 2013 for the mother and on November 29, 2013 for the father. They are not present at the audience. The Court has proceeded in their absence. [ 6 ] The child admits most of the allegation of the motion. She agrees with the measures recommended by the Directrice. [ 7 ] The evidence reveals that the parents were arrested on August 1 st , 2013 and send in a Federal prison in United States of America. [ 8 ] All children of the parents were under the care of their nineteen years old older sister.

She cannot handle watching six younger siblings herself. Five children were sent to their maternal aunt C and X went to stay with her paternal aunt, D , who is an approved foster home. [ 9 ] The parents are both indicted with charges of human trafficking. [ 10 ] The father is actually still in custody but the mother pleaded guilty on December 13, 2013 and was released from jail.

She got a condition to stay in the United States of America until she receives her sentence. [ 11 ] X was placed in her paternal aunt, D care as a baby when she was apprehended from her parents before on due to substance abuse. [ 12 ] The parents were able get sober and have been sober for a number of years now. [ 13 ] X still has a bond with her foster mother, D , who is also her paternal aunt and continued to stay with her during the years. X would come home to her biological parents on weekends. [ 14 ] The mother did have some domestic violence in her relationship with the father.

She and the children left the residence for a couple of months in 2012. The family reunited this summer. [ 15 ] The father has anger management issues. He agreed to do anger management program but never followed through. The father did complete this program in the past when he became sober. [ 16 ] X presently is in grade 6 at A School. She is very athletic and enjoy playing soccer. [ 17 ] The petition of the Directrice is well founded.

The parents need to clarify their le-gal situation and take the appropriate steps to inform the Directrice about their situation. [ 18 ] Wherefore, the Court : [ 19 ] DECLARES that the security and development of the child are in danger according to a situation of neglect on the educational plan; [ 20 ] ORDERS that the child be entrusted to a foster family; [ 21 ] TAKES ACT that the foster family is the one of the paternal aunt, Mrs D ; [ 22 ] ORDERS that the parents take an active

part in the application of any measures ordered by the Court, namely that the mother completes a parenting program to improve her parental capacities; [ 23 ] WITHDRAWS the exercise of certain rights of parental authority from the father and authorize the mother to sign the authorizations required for medical, school, recreational, extra-curricular or travel purposes, including the application for a passport; [ 24 ] ORDERS that a person working for an institution or body provide aid, counsel or assistance to the child and her family; [ 25 ] AUTHORIZES the contacts between the child and her parents upon an agreement between the parties and in the presence of a third party; [ 26 ] ALL THESE MEASURES for a period of one (1) year. __________________________________ ÉRIC HAMEL, J.C.Q.

Me Mylène Francoeur Director's attorney Me Karine P. Poissant Child's attorney Date of hearing: December 17, 2013