2011 QCCQ 7615, 2011 QCCQ 7615

Protection de la jeunesse — 111995 2011 QCCQ 7615 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] “Youth Division” DATE: May 18, 2011 ______________________________________________________________________ IN THE PRESENCE OF THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: N°: 640-41-001294-104 X […] [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A, Quebec, district A Applicant And A, residing and domiciled in City A, Quebec , district A Mother And B, residing and domiciled in City A , Quebec, district A Father ______________________________________________________________________ JL2340 JUDGMENT (Section 95 (1) Y.P.A. , chap.

P-34.1 R.S.Q. ) [ 1 ] [The social worker 1], delegate to the Director of Youth Protection A, is asking the Court to review the decision rendered on September 14, 2010 by Honourable Judge Lucille Chabot and to extend the child's foster placement for another six-month period. [ 2 ] At the hearing in City A on March 24, 2011, the parents are absent, but the father is represented by Me Claude Beaudet. The mother was offered transportation and expenses; she comes to City A, but is not in condition to attend the Court session.

The child is represented by Me Yan Massé and Me Robert-André Adam represents the applicant. [ 3 ] The evidence of the new facts in support of the review is based on admissions made by the father, the testimony of the Social Worker and the review report she filed. [ 4 ] The father acknowledges that he and the mother still display alcohol and conjugal violence problems and that they are unable to maintain sobriety. Their relation is still very unstable, they are now separated. He did not attend any treatment.

Furthermore, the father was arrested and charged on September 1; then on October 21, 2010, he was incarcerated in City B to serve his sentence. He had irregular contacts with his son and he agrees with the extension of the foster placement for another six-month period. [ 5 ] The evidence reveals that the mother only stayed for a few weeks at the foster family with her baby. She did not show any interest in learning how to assume her parental responsibilities. Her priority at the time was her boyfriend, not her child. She did not take any steps to comply with the last Court order. She still abuses alcohol.

She does not have regular contacts with her son and leaves all parental responsibilities up to the foster mother who, in the present case, is the maternal grandmother.

[ 6 ] Considering that the mother is highly unstable and reckless, that both mother and father are immature, dysfunctional and not very collaborative, the Court has the obligation to provide a secure and stable environment to the child for another period of six months.

In the meantime, the Director of Youth Protection can develop a life project for the child. [ 7 ] Considering the evidence and the father's agreement, [ 8 ] FOR THESE MOTIVES, THE COURT: [ 9 ] GRANTS the petition; [ 10 ] DECLARES that the security and development of X are still in danger; [ 11 ] ORDERS the placement of X in a foster family for a period of six months; [ 12 ] ORDERS the Director of Youth Protection to supervise all the visits and contacts of the parents with the child; [ 13 ] RECOMMENDS the Director of Youth Protection to offer both parents a psychological assessment (including an evaluation of the parental abilities) and a follow-up if needed; [ 14 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the parents and the child for a period of six months; [ 15 ] ORDERS any police officer to collaborate in the execution of the present Court order; [ 16 ] ENTRUSTS the child’s situation to the Director of Youth Protection for the purpose of executing this enactment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Robert-André Adam, attorney for the applicant Me Claude Beaudet, attorney for the father Me Yan Massé, attorney for the child Date of hearing: March 24, 2011