2011 QCCQ 13248, 2011 QCCQ 13248

Protection de la jeunesse — 114984 2011 QCCQ 13248 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth Division N o : 635-41-000429-115 DATE: October 4, 2011 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on [...], 1995 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A C.Y.P.C., Quebec, district A Petitioner and A, residing and domiciled Town A, Quebec, district A Father ______________________________________________________________________ JUDGMENT (Sections 38 and 91 Y.P.A. , chap.

P-34.1 R.S.Q. ) ______________________________________________________________________ [ 1 ] Mrs [Social Worker 1], delegate of the Director of Youth Protection A C.Y.P.C., is submitting a petition to declare the security and development of X, born on […], 1995, in danger with regard to

section 38 (

a) and (

e) of the Youth Protection Act . [ 2 ] At the hearing, the father is present, not represented. The mother is deceased. The youth is represented by Me Denis Trottier and Me Alexandre Cimon represents the applicant. [ 3 ] The youth acknowledges many allegations in the petition and also admits that her security and development are endangered.

The father admits most of the allegations and agrees with the declaration in compromission and the recommendations. [ 4 ] The youth was harassed and threatened to be beaten up by her boyfriend. [ 5 ] The youth tends to minimize the conjugal violence and refuses to press charges against him. [ 6 ] The boyfriend's parents are too old to intervene and to protect her. They are powerless to stop their son from violent behaviours. [ 7 ] The relatives of the youth are worried by her situation and so does the father.

But, they cannot assume her and the youth was left to herself. [ 8 ] As her situation is endangered and as she is pregnant and wants to keep the baby, she needs to be placed in a safe and structured foster family. [ 9 ] The evidence reveals that the mother of the youth passed away and that the father is homeless and he is not involved in X's life. The youth used to live with relatives where she was previously entrusted. For unknown motives, the Director of Youth Protection closed her file. Soon after, the youth went to live at her boyfriend's place and the parents of the boyfriend were her main caregivers.

Now, the youth is seven months pregnant and she had an irregular prenatal follow-up. [ 10 ] Last January 19, 2011, the youth presented herself to the Youth Protection Office and stated that her boyfriend assaulted her. On June 30, 2011, she went to the clinic with a black eye done by her boyfriend. On July 3, the police received a call regarding harassment and threats. [ 11 ] In the social report, the social worker recommends her placement in a foster home for six months. She wants her to receive all the health care she needs, and meanwhile, a life project will be determined.

The placement's duration seems not sufficient to stabilise the youth and to allow her to develop parental capacities.

[ 12 ] Considering the parties' consent to the measures recommended, [ 13 ] FOR THESE MOTIVES, THE COURT : [ 14 ] DECLARES that the security and development of X are in danger; [ 15 ] ORDERS the placement of X in a foster family for a period of nine months; [ 16 ] ORDERS the Director of Youth Protection to supervise the contacts and visits between the youth and her boyfriend; [ 17 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the youth and her family for a period of nine months; [ 18 ] ORDERS any police officer to collaborate in the execution of the present judgment; [ 19 ] RECOMMENDS the Commission des droits de la personne et des droits de la jeunesse to investigate in the present case; [ 20 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of executing this enactment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Alexandre Cimon, attorney for the petitioner Me Denis Trottier, attorney for the youth Date of hearing: August 30, 2011