2015 QCCQ 11891, 2015 QCCQ 11891

Protection de la jeunesse — 152192 2015 QCCQ 11891 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001818-142 DATE: February 12, 2015 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on […], 2014 CHILD ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A APPLICANT AND A MOTHER AND B FATHER ______________________________________________________________________ JUDGMENT ( Sections 38 and 91 of the Youth Protection Act CQLR 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 asks the Court to declare that the security and development of X, born on […], 2014, are endangered in regard to paragraphs a), b)(1), b)(2) of

section 38 of the Youth Protection Act . [ 2 ] The parents are present and represented by Mtre. Clara Lafrance-Egervari. Mtre. Aubrée Coutanson acts on behalf of the young child. Mtre.

Gabriel Gaudreault represents the Director of Youth Protection. [ 3 ] The following facts are admitted by the parents: ▪ The child was born prematurely on […], 2014; ▪ On August 28, 2014, he was transferred from the Hospital A in City A to the Hospital B; ▪ On August 30, 2014, the parents arrived late at the hospital; ▪ The parents had been expelled from the hospital by the security guard because they were doing an office-chair race in the hospital’s hallway; ▪ On August 31, the owner of the boarding house where the parents were staying asked them to leave because they were disturbing other clients late at night; ▪ Between August 30 and September 2, 2014, the parents did not visit their baby at the hospital; ▪ On September 3, 2014, an appointment was made with the parents at 4 p.m. to inform them of the situation and the reports received by the Director of Youth Protection.

The parents only showed up at 5:30 p.m.; ▪ The parents were told to come back the next morning. At that moment, they saw their child through a window for a few minutes; ▪ On September 4, 2014, the parents met with the Social Worker to discuss the situation; ▪ On September 6, 2014, the parents went back to City B; ▪ The child was placed under immediate protective measures and remained at the hospital until September 8, 2014. The child was placed

in a foster family upon his discharge from the hospital; ▪ On September 9, 2014, the parents met with the Youth Protection in City B; ▪ The parents did not seem to understand the reasons for the intervention of the professionals of the hospital and of the Director of Youth Protection; ▪ The parents requested a visit with their baby and it was authorized for September 10, 2014 at 9:45 a.m.; ▪ On the said date, the parents were late; they finally arrived at 11:05 stating that they slept in; ▪ The parents are very young and have difficulties with their role and responsibilities as parents; [ 4 ] The parents are currently living at the father’s sister’s place.

They do not have a place of their own. For the time being, they seem overwhelmed by the situation and they do not know which role they want to play in their child’s life.

Both parents know the foster family of X and they have full confidence that the needs of X are well met there. [ 5 ] Both parents agree that the security and development of X are endangered for the motives alleged by the Director of Youth Protection. [ 6 ] As for the measures, the Director of Youth Protections recommends a placement for a period of nine months and that the parental capacities of A and B be formally assessed. [ 7 ] Both parents are in agreement with these recommendations. [ 8 ] The birth of X has not been registered yet.

The parents declare that they will complete the process with the help of the Social Worker. [ 9 ] During the next months, the parents will have to take a clear position regarding their child and what role they intend to play in his life. If the parents are not ready in the next nine months to take full responsibility of their child, a life plan will have to be established for X in order to provide him stability. [ 10 ] The child has many appointments with professionals regarding his health.

The parents have never attended those appointments. [ 11 ] They must be informed of each appointment with professionals providing services to the child and, if their intention is to take an active

part in X’s life, they will have to be present and fully participate to such appointments for the entire duration of the Court orders. [ 12 ] Their parental capacities must be assessed and adapted services must be available for them in order to improve their parental skills. [ 13 ] Parental responsibilities also involve a lifestyle consistent with the presence of a child.

They will have to adapt their lifestyle if they contemplate a reintegration of X with them. [ 14 ] For theses motives the Court: [ 15 ] GRANTS the motion; [ 16 ] ORDERS the placement of X in a foster family for a period of nine months; [ 17 ] ORDERS that aid, counselling and assistance be provided to the child and his family for a period of nine months; [ 18 ] ORDERS that the parents be assessed regarding the evolution of their parental capacities if they want to take an active

part in the life of their child. [ 19 ] ORDERS that access rights between the parents and the child be supervised by the Director of Youth Protection as for the frequency and the modalities; [ 20 ] ORDERS that the parents be and remain sober when in presence of their child; [ 21 ] ORDERS the parents not to put the child in presence of people under the influence of alcohol or any other intoxicating substances; [ 22 ] ORDERS that the parents take the necessary steps to register the child into the Québec register of civil status; [ 23 ] ORDERS the police to collaborate to the execution of the Court orders; [ 24 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Gabriel Gaudreault Arpin, Gaudreault Attorneys Counsel for the applicant Mtre. Aubrée Coutanson Centre communautaire juridique A Counsel for the children Mtre. Clara Lafrance-Egervari Counsel for the parents Date of hearing: December 10, 2014