2014 QCCQ 15197, 2014 QCCQ 15197

Protection de la jeunesse — 142986 2014 QCCQ 15197 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 640-41-001730-149 DATE: July 17, 2014 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2013 MRS SOCIAL WORKER 1, youth protection worker, duly authorized by the Director of Youth Protection A, A town, Quebec, District A Applicant and MRS A, residing and domiciled in A town, Quebec, District A Mother and MR B, presently detained at the A Detention Center, Quebec, District B Father ______________________________________________________________________ JUDGMENT (sections 38 and 91 YPA, 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 YPA). [ 1 ] The Director of Youth Protection A asks that the security and development of X, born on […], 2013, be declared in danger with regard to

section 38 (b) (1) (i) (iii) and (

c) of the Youth Protection Act. [ 2 ] The parents are present at the hearing, assisted by Me Myriam Gaudreault (father) and Me Ratha Heang (mother). The child is represented by Me Michel Grenier and Me Gabriel Gaudreault represents the petitioner. [ 3 ] The evidence of compromission is based on the admissions made by all the parties. The following facts are proven. [ 4 ] The parents have an alcohol and drugs related problems.

Their relationship is unstable and violent from both parts. [ 5 ] On February 19, 2014, the child was left under the care of the oldest sister of his siblings while the mother was out drinking. Another report to the Youth Protection was made on February 26 regarding an incidence of violence from the mother towards the father in the presence of the child and his siblings. Later the same day, the police had to intervene because the mother had locked herself in the familial residence with the child and his brother Y.

Following this incident, the mother was detained for few hours and she was charged of assault and obstruction. Then, the child and his siblings were placed under immediate protective measures, and on February 28, a provisional agreement was signed in order to place the mother's four oldest children. [ 6 ] On March 17, 2014, the Youth Protection had to intervene along with the police and the medical staff as the father was highly disorganised.

On March 20, the father was arrested and detained in B town having been involved in a fight and for a theft. [ 7 ] At the time, the father and the mother were drunk, having consumed alcohol and cocaine. [ 8 ] Consequently, the Court declares that the security and development of X are in danger due to the parent's neglect and psychological ill-treatment. [ 9 ] For the determination of the most appropriate measures to put an end to the situation and be in X's best interest, the social worker filed a social study.

Mrs SOCIAL WORKER 1 recommends that the child be placed in a foster family for three months with reintegration with his mother. [ 10 ] The mother left for detoxification treatment in A center on April 13, 2014 for a duration of six weeks. She attended therapies three times since 2000, but relapsed. Now, she identifies all the therapies she needs if she does not want to relapse. She wants to focus on her children. She does not want to get along anymore with the child's father.

[ 11 ] As she decided to stay separated from the father and she is willing to collaborate with the social worker and to attend all the services she needs to become a responsible parent, the Court accepts the recommendations. All the parties agree with them.

FOR THESE MOTIVES, THE COURT: [ 12 ] DECLARES the security and development of X in danger; [ 13 ] ORDERS the placement of X in a foster family for a period of three months; [ 14 ] ORDERS the Director of Youth Protection to supervise the contacts and access of the parents with the child; [ 15 ] ORDERS the parents to attend detoxification therapy and external follow-up for the duration deemed necessary by the professional; [ 16 ] ORDERS the parents to collaborate actively with the social worker; [ 17 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the child and his parents for a period of one year, starting May 27, 2014; [ 18 ] ORDERS any police officer to collaborate in the execution of the present order; [ 19 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Gabriel Gaudreault Attorney for the applicant Me Myriam Gaudreault Attorney for the father Me Ratha Heang Attorney for the mother Me Michel Grenier Attorney for the child Date of hearing: May 27, 2014