2013 QCCQ 18712, 2013 QCCQ 18712

Protection de la jeunesse — 137283 2013 QCCQ 18712 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth chamber No: 640-41-001570-131 DATE: Hearing and oral judgment : November 11, 2013December 17, 2013 Written judgment : December 17, 2013 ______________________________________________________________________ BY THE HONOURABLE JUANITA WESTMORELAND-TRAORÉ, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A working in City A Applicant -and- A , residing and domiciled in A, City B, Quebec, district A Mother -and- B, residing and domiciled in City A, Quebec, district B Father ______________________________________________________________________ JUDGMENT ( Sections 95 ( par.1) and 75 , Youth Protection Act , R.S.Q. c.

P-34.1) ______________________________________________________________________ Introduction [ 1 ] The Court hereby gives reasons for the oral judgment rendered on November 11, 2013 on a Motion in Revision according to

Section 95 of the Youth Protection Act , hereinafter referred to as the Act. [ 2 ] The Director of Youth Protection is seeking placement of the child X in a foster home for twelve months with reintegration with her family after seven months if the situation allows it.

The Director is also seeking an order providing for supervision of visits by the parents, and unannounced visits to the home of the parents if the reintegration takes place. [ 3 ] The mother and father were present during the hearing and represented by an attorney; the child was represented by her attorney. [ 4 ] All the parties agreed to the recommendations of the Director. The Facts [ 5 ] X is an infant […] months of age. [ 6 ] Both parents have serious alcohol issues.

Initially, they offered little collaboration to the Youth Protection officers. [ 7 ] In June, the mother was charged with assault with a weapon on the baby's father. [ 8 ] Although X was supposed to be in her grandparents care, she was taken by her parents for several days. [ 9 ] Nevertheless, under the terms of the judgement in protection rendered by my collegue, Honorable Jacques Roy on May 22, 2013, X was entrusted to her mother provided that she was accepted at Detox center A into a special program which allows children to accompany mothers with alcohol addiction issues. [ 10 ] A began the program at Detox center A on July 30, 2013.

She followed the program successfully until September 10, 2013 at

which time she left the centre with X surreptitiously. [ 11 ] According to the Revision Report prepared by the witness [Social Worker 1], dated October 10, 2013 and filed as Exhibit D-2, the mother, with the baby, was found the following day in a hotel room by police. The mother denies however that she was experiencing a hangover at the time. [ 12 ] More recently both parents have offered more collaboration to the Youth Protection officials. The mother is more open about her issues in an attempt to regain care of her daughter and to provide a good home for all children.

She could become a good loving mother. [ 13 ] The infant X is developing well and is attached to her paternal aunt where she is placed in foster care. [ 14 ] The mother is now admitted to Detox center A in an adult program, but without her daughter. She should complete her program in March 2014. [ 15 ] The father, however, still struggles with alcohol problems.

Analysis [ 16 ] X is very vulnerable because of her tender age. [ 17 ] Both parents must still resolve their issues with alcohol consumption, although A is addressing her issues and following the program at Detox center A. [ 18 ] She is motivated to resume the care of her daughter and has the potential to be a good mother. [ 19 ] Her past actions, however, by taking her daughter without permission and also by leaving her treatment centre without notice, render necessary supervision of future contacts. [ 20 ] X has also been exposed to a serious incident of conjugal violence. [ 21 ] The father must still seek assistance with his personal issues.

He has however become more open to collaboration with Youth Protection services and visits his daughter at least once a week. [ 22 ] The situation of the family is encouraging. [ 23 ] Considering the admissions made before the Court, considering the testimony of the Youth Protection worker, considering the Revision Report and the agreement of all the parties to the conclusions sought by the Director, the Court finds that the security and development of X are still in danger and that the measures recommended by the Director of Youth Protection are fully warranted. [ 24 ] FOR ALL THESE REASONS, THE COURT : [ 25 ] GRANTS the petition; [ 26 ] DECLARES the security or development of X , born on […], 2013, still in danger; [ 27 ] ORDERS the foster care of X in a foster home, in particular the home of her paternal aunt, for a period of twelve (12) months with possible reintegration with the mother after seven (7) months if the situation allows it; [ 28 ] ORDERS that both parents collaborate with the worker delegated to the file by the Director of Youth Protection; [ 29 ] AUTHORIZES the delegate to effect unannounced visits when the child is entrusted back to her parent's care; [ 30 ] ORDERS that the contacts between the child and her parents be supervised by the Director of youth protection as to frequency and modalities; [ 31 ] ORDERS that the parents remain sober in the presence of the child; [ 32 ] ORDERS the parents to report periodically to the Director of Youth Protection, through the delegate, on the actions they take to resolve the situation; [ 33 ] ORDERS that a person working for an institution or a body provide aid, counsel, and assistance to the family for a period of twelve (12) months; [ 34 ] ORDERS the police to collaborate to the execution of this enactment; [ 35 ] ENTRUSTS the situation of the child X to the Director of Youth Protection A who shall then see that the measures are carried out.

_______________________________________ JUANITA WESTMORELAND-TRAORÉ, J.C.Q. M e Joanie Jacob Lawyer for the child M e Robert-André Adam Lawyer for the D.Y.P. M e Angela Tommasel Lawyer for the mother M e Angela Tommasel Lawyer for the father Date of hearing: November 11, 2013