2019 QCCQ 12342, 2019 QCCQ 12342

Protection de la jeunesse — 192869 2019 QCCQ 12342 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No.: 635-41-000837-176 DATE: March 19, 2019 ______________________________________________________________________ PRESIDING: THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] AND/OR [SOCIAL WORKER 2] , youth protection workers, duly authorized by the Director of Youth Protection A, working in Town A Applicant and X, born on [...], 2006 Child and A Mother and B Father ______________________________________________________________________ JUDGMENT ON APPLICATIONS FOR EXTENSION (Sections 95(para. 2) and 75, Youth Protection Act , CQLR, c.

P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified. Every person who contravenes this provision commits an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection applied for the extension of a decision under s. 95 of the Youth Protection Act , [1] rendered on June 27, 2018, by the Honourable Jacques Ladouceur, J.C.Q.

At that time, he declared that the security and development of the child, X, were still in danger and entrusted her to a foster family. [ 2 ] At the hearing, the child was present and assisted by counsel. The mother was not present but was represented by counsel. The father was not present or represented. Facts: [ 3 ] Following the last Court hearing, the child was entrusted to foster care in Town B. [ 4 ] The parents still display alcohol consumption and conjugal violence issues. They have not attended treatment for their alcohol consumption issues.

The police had to intervene with the parents on several occasions as they were intoxicated. [ 5 ] On July 17, 2018, Youth Protection received a report that the child had been sexually abused by the child’s stepbrother, Mr.

C. [ 6 ] On August 9, 2018, the child had a non-suggestive interview which proved inconclusive as the child was in crisis and refused to answer the questions of the police officer. [ 7 ] On September 25, 2018, the father was arrested and remains in custody for an incident of conjugal violence that occurred when both parents were intoxicated. [ 8 ] On October 9, 2018, Youth Protection received another report of sexual abuse in the family’s household and the situation is currently under evaluation. Analysis: [ 9 ] X is now being fostered by her grandparents, D and E.

The parties agreed that she should stay with them. FOR THESE REASONS, THE COURT: [ 10 ] GRANTS the application;

[ 11 ] REVIEWS the decision or order rendered on June 27, 2018; [ 12 ] DECLARES that the security and development of the child, X, born on [...], 2006, are still in danger; [ 13 ] ORDERS that the child be entrusted to a foster family, chosen by the institution operating a child and youth protection centre, until December 31, 2019; [ 14 ] TAKES judicial notice that the foster family is the grandparents, Ms. D and Mr. E; [ 15 ] ORDERS the child and the child’s parents to take an active

part in the application of any of the measures ordered by the Court; [ 16 ] ORDERS the child and the child’s parents to report in person, at regular intervals, to the Director to inform him of the current situation; [ 17 ] ORDERS the parents to remain sober and refrain from any violent behavior in the presence of the child; [ 18 ] PROHIBITS any contact between the child and Mr.

C; [ 19 ] RECOMMENDS that the parents seek help through Social Services for their alcohol and personal issues; [ 20 ] ORDERS that contact between the child and the parents be determined by the Director with respect to the terms, frequency and degree of supervision; [ 21 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family until December 31, 2019; [ 22 ] ORDERS the Director of Youth Protection to develop a permanency plan for X; [ 23 ] ORDERS the police to cooperate in the execution of this judgment; [ 24 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection, who shall then see that the measures are carried out.

THE WHOLE UNTIL DECEMBER 31, 2019. __________________________________ MARC OUIMETTE, J.C.Q. Mtre Geneviève Apollon Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Isabelle Martineau Centre communautaire juridique A Counsel for the children Mtre Angèle Tommasel Counsel for the mother Date of hearing: March 19, 2019