2017 QCCQ 14288, 2017 QCCQ 14288

Protection de la jeunesse — 176050 2017 QCCQ 14288 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 640-41-002037-163 DATE: September 26, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2008 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A C.Y.P.C., working in City A, Quebec, District A Applicant and MRS A, residing and domiciled in City A, Quebec, District A Mother and MR B, presently detained at St-Jérôme Detention Centre, Quebec, District of Terrebonne Father ______________________________________________________________________ JUDGMENT (Section 95 (par. 1) 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 A C.Y.P.C. submits a motion asking the revision and extension of the measures rendered on September 15, 2016 by the Honourable Lucille Beauchemin concerning the situation of X, born on [...], 2008.

After declaring the child’s security and development in danger because of the parents’ neglect towards him, psychological ill-treatment and serious risk of being subjected to bodily injury or unreasonable methods of upbringing, the Court ordered his placement in foster family until July 19, 2017 with recommendations and follow-up ordered for the parents. [ 2 ] Now, the applicant, Mrs [Social Worker 1], asks that the child remain placed in foster family for another year, until July 23, 2018. [ 3 ] At the hearing, the mother is present and both parents are represented by Me Angèle Tommasel.

Me Cassandra Neptune represents the child and Me Aubrée Coutanson, the applicant. [ 4 ] The evidence of the new allegations is constituted by some admissions of the parents and the child, the testimony of the applicant, her revision report and the criminal priors of the father. The parents agree with the measures, but the child wants to return with them. [ 5 ] It is proved that the child is well taken care of in his foster family and he creates bounds with them. He receives lot of support from the foster parents and his situation improves. [ 6 ] The child had few visits with his mother, in April, June and July.

During the April contact, the mother told X and his siblings that she has cancer and she ended the meeting abruptly. This was a lie. She traumatised the children on false purpose and she was obliged to explain such behaviour. For the two other visits, it went well. The father only had two contacts with X. [ 7 ] The father was detained since November 21, 2016. He was found guilty for sexual assault and assault with a weapon on February 4, 2017 and he was sentenced to 18 months of detention. [ 8 ] The mother is unstable. She lives in City B and City A. She still displays alcohol related problems.

She did not attend social services regularly for her personal and alcohol issues. She refers to the applicant when she is in needs. [ 9 ] Even if the Court is convinced that she misses X and his brother, it is not sufficient to motivate her to solve her problems. [ 10 ] Considering the evidence and the parents’ agreement with the recommendations,

FOR THESE MOTIVES, THE COURT: [ 11 ] GRANTS the motion; [ 12 ] DECLARES that the security and development of X are still in danger; [ 13 ] ORDERS the placement of X in foster family until July 23, 2018; [ 14 ] ORDERS the Director of Youth Protection to provide the specific health care and health services he needs; [ 15 ] ORDERS the Director of Youth Protection to favor and supervise the visits and contacts between the child and his parents as for the modalities, the frequency and the degree of supervision; [ 16 ] RECOMMENDS that the parents seek help from the social services for their alcohol and personal anger issues; [ 17 ] ORDERS the parents to be sober and without conjugal violence when in the presence of their child; [ 18 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the parents and the child until July 23, 2018; [ 19 ] ORDERS that the child attend school regularly; [ 20 ] ORDERS the police officer to collaborate in the execution of the present order; [ 21 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Aubrée Coutanson Attorney for the applicant Me Angèle Tommasel Attorney for the parents Me Cassandra Neptune Attorney for the child Date of hearing: September 8, 2017