2017 QCCQ 510, 2017 QCCQ 510

Protection de la jeunesse — 176 2017 QCCQ 510 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 640-41-001966-164 DATE: January 9, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2012 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A, Quebec, District A Applicant and MRS A, presently in a halfway house in Kingston, Ontario Mother and MR B, presently residing at a Centre in Town B, Quebec, District B Father ______________________________________________________________________ JUDGMENT (Sections 95 (par. 1) and 75 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 ] Mrs [social worker 1], delegate of the Director of Youth Protection of the Inuulitsivik C.Y.P.C., asks the Court to review the last judgment rendered on March 17, 2016 by Honourable Jean Gravel concerning X, 4 years old.

She asks for the placement of the child in a foster family until her majority. [ 2 ] At the hearing, the parents are present by videoconferencing and represented by Me Joannie Jacob (mother) and Me Marie- Claude De Gagné (father). The child is represented by Me Angèle Tommasel. Me Aubrée Coutanson assists the applicant. [ 3 ] Even if they admit all the allegations, the parents disagree with the duration of the placement.

They agree with a placement of six months. [ 4 ] The evidence is completed with the testimonies of the social worker, the foster mother and a revision report is filed. [ 5 ] It is proved beyond balance of probabilities that the mother is in detention since October 2014 and her release date from the halfway house is in April 2017. [ 6 ] The father was detained since December 14, 2015 and he was transferred into the rehabilitation program of A « Under Parole». [ 7 ] The mother regularly asks news about her daughter and shows interest in her.

She and the father would like that the child be entrusted to them when they will return in Town A in April and October 2017. [ 8 ] The child was placed in many different foster families in the past. Since June, she resides in the actual foster home and she is now stabilized. Because she had seve-ral changes in the past, her capacity to trust and attach securely to her new foster family is fragile. The child has been in contact with her mother for less than half of her life. [ 9 ] The foster mother is well invested with the child and offers her the needed stability for a healthy development.

She provides her all the attention she needs, especially the medical needs for her perforated eardrum problem, which is recurrent and needs to be addressed promptly when it occurs. [ 10 ] The child was entrusted to her maternal grandmother for a year, from August 25, 2014 to August 25, 2015. She remained there until February 2016.

Voluntary measures were signed since April 2014, always for the same reasons, the abusive alcohol consumption of the parents, their conjugal violence and their periods of detention. [ 11 ] Since February 2016, the child is placed in foster home under sections 79 and 38 of the Youth Protection Act.

[ 12 ] The delays of placement according to

section 91.1 of the Youth Protection Act are expired. The child has experienced all possibilities of a placement with relatives. She develops bound with the actual family, but signs of insecurity still exist. She needs to be reassured regularly by the foster mother. [ 13 ] The foster mother, Mrs C, is committed to take care of X until the child reaches majority. [ 14 ] The parents are well motivated during their detention to work on their own issues, but their situation remains fragile. They did not participate yet to any program to increase their parental capacities.

They are still concentrate on their personal issues. [ 15 ] Considering that the child need to evolve in a stable and secure family, that she did not live with her parents for the last two years, but that the parents are now moti-vated to participate in therapies and they agree to collaborate with the social worker, [ 16 ] Considering that the parents might improve on their situation in a short delay, [ 17 ] Considering the evidence that the foster family will continue to invest in the child even if placed for a shorten period, FOR THESE MOTIVES, THE COURT: [ 18 ] GRANTS the motion; [ 19 ] DECLARES that the security and development of X are still in danger; [ 20 ] ORDERS the placement of X in a foster family until August 15, 2017 and RECOMMENDS that the child remain in the foster family of Mrs C; [ 21 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the child and her parents until August 15, 2017; [ 22 ] ORDERS the Director of Youth Protection to supervise the visit rights and access of the parents with the child (modalities, frequency and degree of supervision); [ 23 ] ORDERS that the parents meet at least twice a month with the social worker from their release until August 15, 2017; [ 24 ] 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 Joannie Jacob Attorney for the mother Me Marie-Claude De Gagné Attorney for the father Me Angèle Tommasel Attorney for the child Date of hearing: November 9, 2016