2012 QCCQ 4711, 2012 QCCQ 4711

Protection de la jeunesse — 12159 2012 QCCQ 4711 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] YOUTH Division No: 565-41-000036-117 DATE: January 11, 2012 ______________________________________________________________________ BY THE HONOURABLE RICHARD LAFLAMME, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection of Les Centres Jeunesse A Applicant -and- X , residing and domiciled in Town A, district A, province of Québec Child -and- A , residing and domiciled in Town A, district A, province of Québec Mother -and- B , residing and domiciled in Town A, district A, province of Québec Father ______________________________________________________________________ JUDGMENT (Sections 38 & 75 of the Youth Protection Act) ______________________________________________________________________ [ 1 ] The Court is seized of a declaration under

section 38 of the Youth Protection Act introduced by the Director of Youth Protection, for the purposes of declaring the security and development of X born on […], 2011, considered to be in danger for the following reasons. 1. There is a situation in which the child's parents do not meet with his basic needs failing to provide him with the appropriate supervision or support; 2.

There is a serious risk that the child's parents are not providing for his basic needs. [ 2 ] In support of his recommendations, the attorney for the Director of Youth Protection submits a report prepared by the applicant [Social Worker 1]. The evidence adduced consisted mainly in the filling of the social practitioner's report. In that report, we learn that the child needs specific medical care due to her severe hydrocephalus condition. The financial situation of the couple is so precarious that the furniture is minimal in their apartment. They do not even have a crib for the baby.

Also the report let us know that a problematic of intoxicating substances consumption and violence are present into the couple. [ 3 ] She also testified in order to report a recent incident with the parents. On January 4, 2012, the parents went to the C.L.S.C.. Both were intoxicated at that moment. Considering this recent incident, the applicant asked the Court that the contacts between the child and the parents be supervised by the D.Y.P. until deemed necessary. [ 4 ] Obviously, the security and the development of the child is in danger.

All parties agree to that conclusion and on the measures suggested to put an end to the situation. THEREFORE, FOR ALL THESE REASONS, THE COURT:

GRANTS the motion; DECLARES that the security or the development of the child is in danger; ORDERS that the infant X be placed in foster care for a period of six months; ORDERS that the infant X receives medical follow-up and be provided with professional services based as required; RECOMMENDS that the parents receive professional services to deal with issues related consumption, conjugal violence and a thorough psychiatric evaluation for the mother with counselling for her mental health issues; ORDERS that the visits and contacts between the child and her parents be supervised in accordance with the modalities prescribed by the Director of Youth protection; ORDERS that a person working for an institution or a body provides help, counsel and assistance to the child and the parents for a period of one year; ENTRUSTS the situation of the child to the Director of Youth Protection for the application of the measures ordered by the Court. __________________________________ RICHARD LAFLAMME, J.C.Q.

Me Ginette Daigle Attorney of the D.Y.P. Me Danielle Mongeon Attorney of the child Me André Gauthier Attorney of the mother Me Louis-André Hubert Attorney of the father Date of hearing: January 11, 2012