2017 QCCQ 697, 2017 QCCQ 697

Protection de la jeunesse — 1735 2017 QCCQ 697 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 614-41-000163-164 DATE: January 17, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2016 MR [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A Board of Health and Social Services A, working in Town A, Quebec, District A Applicant and MRS A, residing and domiciled in Town A, District A Mother ______________________________________________________________________ JUDGMENT (Sections 38, 75 and 91 Y.P.A., R.S.Q. 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 of the A Board of Health and Social Services A submits to the Court a motion to declare the security and development of X, 6 months old, in danger because she is victim of neglect and at risk of being neglected (section 38 (b) (1) i. and

(2) Y.P.A.). [ 2 ] At the hearing, the child is represented by Me Yan Massé and Me Camille Champeval assists the applicant, Mr [Social Worker 1]. The mother is absent, even if duly served. The social worker looked for her this morning in the community, but cannot find her. The parties agree to proceed without the mother, considering the evidence. [ 3 ] It reveals that the mother asked Mrs C to pick up her child and care for her a few days after the baby’s birth. The mother stated that Mrs C wanted to adopt the child. Mrs C picked the child upon or around June 23, 2016 and brought her back to her domicile.

The Director of Youth Protection was advised on June 27. [ 4 ] Since, the mother admitted to the social worker that she was unable to assume the child and that she has alcohol consumption issues. The mother does not collaborate with the social worker, despite the steps taken to reach out for her. [ 5 ] The mother is not agreeing anymore with the adoption, but she does not want the responsibility of the baby. She did not make any step to get the health card and birth certificate. [ 6 ] The father is not declared.

Even if he is identified, he does not want to be involved with the child. [ 7 ] The child is doing very well with her foster mother. She has been stable and she is in a safe environment. The child is well connected with the foster family. [ 8 ] Considering the evidence, THE COURT: [ 9 ] DECLARES the security and development of X in danger according to

section 38 (a) , (b) (1) i. and (2) of the Youth Protection Act; [ 10 ] ORDERS the placement of X in the foster family of Mrs C and Mr D for a period of 12 months; [ 11 ] ORDERS the Director of Youth Protection to supervise the contacts between the mother and the child (frequency and modalities); [ 12 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the child and the mother for a period of

12 months; [ 13 ] ORDERS the mother to collaborate with the Director of Youth Protection and meet with the social worker as requested; [ 14 ] WITHDRAWS some attributes of parental authority and AUTHORIZES the Direc-tor of Youth Protection to sign all the consents for medical and educational purposes; [ 15 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q. Me Camille Champeval Attorney for the applicant Me Yan Massé Attorney for the child Date of hearing: December 6, 2016