2011 QCCQ 6248, 2011 QCCQ 6248

Protection de la jeunesse — 111394 2011 QCCQ 6248 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 650-41-001969-118 DATE: March 16, 2011 ______________________________________________________________________ BY THE HONOURABLE ROBERT LEVESQUE, J.C.Q. ______________________________________________________________________ [INTERVENANTE 1] Petitioner and X Child and A and B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] A petition for protection purpose in respect of X (2010 […]) is referred to the Court by the Director of youth protection pursuant to sections 38 and 75 of the Youth Protection Act. [ 2 ] The petition is based on the following assertions and facts which describe quite well the situation of the child and the parents :

a) on February 3 rd , 2011, the Director of Youth protection received a report to the effect that the security or development of the child is in danger since he is exposed to risk of being ill-treated and is exposed to psychological ill-treatment ;

b) on February 6 th , 2011, immediate protective measures were taken and the child was entrusted to his paternal grand-parents, Mrs C and Mr D ;

c) the parents are physically unstable as they do not currently have an adequate place to live and are regularly moving from one place to another ;

d) the parents have an unstable and volatile relationship, which results in many separations and conflicts ;

e) the mother has a longterm alcohol abuse problem ;

f) the mother is verbally abusive towards family members ;

g) the father is currently unable to assume the custody of the child and agrees with the proposed measure ;

h) when the mother has the child under her care, she frequently entrusts the child to inadequate third-parties ;

i) after an assessment of the situation, it appears that the security or development of the child is in danger, more specifically since : 1) the child is exposed to a risk of being ill-treated because of :

i) the mother’s alcohol abuse problem ; ii) the parent’s physical instability ; 2) the child is exposed to psychological ill-treatment because of the conflicts between his parents. [ 3 ] At the hearing, the parents are present and only the mother is represented by a lawyer who declares that she agrees with the petition.

The father admits the situation described in the petition and also agrees with the measures sought by the Director of youth protection. [ 4 ] The child's lawyer admits the allegations of the petition and consents to its conclusions. [ 5 ] Concerning Y, it is agreed that she will be entrusted to her maternal grandmother while X will be entrusted to his paternal grandparents. [ 6 ] The Court studied the petitioner's evaluation/orientation report. [ 7 ] Considering the report's content and the position of the parties, the Court concludes that the petition is proven and that the measures claimed by the Director of youth protection are in the interest of the child.

WHEREFORE, THE COURT : [ 8 ] DECLARES that the security and development of X are in danger according to

section 38 of the Youth Protection Act ; [ 9 ] ENTRUSTS X to his paternal grandparents, Mrs C and Mr D ; [ 10 ] ORDERS the mother to take all the necessary measures to control her alcohol abuse problem ; [ 11 ] ORDERS the parents to take all the necessary measures to settle the conflicts between them ;

[ 12 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and his family ; [ 13 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A until March 16, 2012, for the carrying out of the present measures. __________________________________ ROBERT LEVESQUE, J.C.Q. Me Mélissa Hogan, for the DYP Me Pierre Paradis, for the child Me Marie-Hélène Besnier, for the mother Mr A, the father