2014 QCCQ 13669, 2014 QCCQ 13669

Protection de la jeunesse — 141991 2014 QCCQ 13669 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001700-142 DATE: March 25, 2014 ______________________________________________________________________ BY THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [Social Worker], youth protection worker, duly authorized by the Director of Youth Protection A , working in CITY A Applicant and X, born on [...], 2013 Child and A Mother and B Interested party ______________________________________________________________________ JUDGMENT ( sections 38 and 75 , Youth Protection Act , CQLR, c.

P-34.1) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing 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 submitted a motion asking the Court to declare that the security and the development of X , born on [...] , 2013, are endangered pursuant to subparagraphs ( b )(1)(i), ( b )(1)(ii), ( b )(1)(iii) and (

c) of

section 38 of the Youth Protection Act . [1] [ 2 ] The child was not present in Court, but was represented by counsel. The mother was present and was assisted by counsel. Mr. B (interested party) was present and assisted by counsel. [ 3 ] Ms. A and Mr. B signed four different agreements on voluntary measures. They failed to comply with their undertakings. The Director of Youth Protection presented a motion under

section 38 of the Youth Protection Act . [2] [ 4 ] Ms.

A and B admitted the following facts: Both parents display alcohol related problem; During the mother’s pregnancy, the police had to intervene on several occasions because of incidents of conjugal violence; On March 13, 203, The Youth Protection received a report to the effect that the parents were intoxicated and fighting while the baby was under their supervision; Both parents were arrested and brought to the police station as the father was in breach of his conditions of not drinking and not being in contact with the mother; On March 14, 2013, a Provisional Agreement was signed by the parents in order to entrust the baby to the mother under conditions as it appears from a copy of the agreement, filed as Exhibit D-2 ;

Both parents were arrested and brought to the police station as the father was again in breach of his conditions of not drinking and not being in contact with the mother and the mother was in breach of her curfew; On April 4, 2013, Voluntary Measures were signed by the parents in order to entrust the baby to the mother under conditions as it appears from a copy of the measures, filed as Exhibit D-3 ; On April 24, 2013, Voluntary Measures were signed by the parents in order to place the baby in foster care for a period of 6 months as it appears from a copy of the measures, filed as Exhibit D-4 ; On May 9, 2013, Voluntary Measures were by the parents in order to place the baby in foster care for another period of 6 months as it appears from a copy of the measures, filed as Exhibit D-5 ; On November 9, 2013, Voluntary Measures were signed by the parents in order to place the child in foster care for a period of 12 months as it appears from a copy of the measures, filed as Exhibit D-6 ; The parents are not in a relationship anymore; [ sic ] [ 5 ] Mr.

B agreed with the recommendations of Youth Protection. [ 6 ] The mother would like her daughter to be back in the community of CITY A . She believes that her daughter should not be entrusted to a non-Inuit family that lives down south. [ 7 ] The youth protection worker made all necessary efforts in the present file to find members of the extended family. She did not find any family ready to foster the child. No foster family is available, especially for a young child. [ 8 ] The current foster family lived in CITY A until July 2013 and moved to the B .

They are ready to foster the child for the next few months. [ 9 ] Court believes it is in the best interest of the child to stay with this family for the next few months. [ 10 ] FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the motion; [ 12 ] DECLARES that the security and the development of the child are in danger under

section 38 ( b )(1)(i), ( b )(1)(ii), ( b )(1)(iii) and ( c ); [ 13 ] ORDERS that X be entrusted to foster care for a period of three months; [ 14 ] ORDERS that contact between the parents and the child be supervised by Youth Protection as to terms and frequency; [ 15 ] RECOMMENDS that Ms. A reach out to social services in order to take

part in treatment for her alcohol problem as soon as possible; [ 16 ] ORDERS that a life plan be put in place for X ; [ 17 ] ORDERS that both parents continue to cooperate with Youth Protection and take an active

part in the measures agreed upon; [ 18 ] ORDERS that aid, counselling and assistance be provided to the child and her parents for a period of three months; [ 19 ] ORDERS that the police cooperate in the execution of this judgment; [ 20 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of the A , who shall then see that the measures are carried out. __________________________________ MARC OUIMETTE, J.C.Q. Mtre. Robert-André Adam Cain Lamarre Casgrain Wells Counsel for the applicant Mtre. Joannie Jacob Centre communautaire juridique A Counsel for the child Mtre. Angèle Tommasel Counsel for the mother Mtre. Marie Claude De Gagné

Counsel for the interested party Date of hearing: February 5, 2014