2017 QCCQ 13436, 2017 QCCQ 13436

Protection de la jeunesse — 175914 2017 QCCQ 13436 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 640-41-001681-136 DATE: September 20, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2011 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A, Quebec, District A Applicant and MRS A, residing and domiciled in City A, Quebec, District A Mother and MR B, presently detained at Federal Training Centre in Laval, Quebec, District of Laval Father ______________________________________________________________________ JUDGMENT (Section 95 (par. 1) 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 ] The Director of Youth Protection A submits a motion in revision of the decision rendered on May 21, 2014 by the Honourable Lise Gagnon concerning the situation of X, born on [...], 2011.Then, the child was entrusted to her paternal grandmother, Mrs C, until her majority. [ 2 ] Now, the applicant, Mrs [Social Worker 1], asks for a placement in foster family until August 31, 2018. [ 3 ] At the hearing, the mother is present and assisted by Me Angèle Tommasel.

Me Marianne Léonard represents the detained father, Me Cassandra Neptune, the child and Me Aubrée Coutanson, the applicant. [ 4 ] The evidence of the new allegations in support of the revision is constituted of some admissions of the parents, the revision report and the social worker’s testimony.

The parties agree with the recommendations. [ 5 ] It is proved that X remained in the foster care of her grandmother since the last judgment, but recently, the grandmother gave up on fostering the child. [ 6 ] The grandfather recently passed away and the grandmother has difficulties to deal with her own son, who reacts a lot to his father’s death.

Because of her son’s behaviour issues, she decided on July 17, 2017 to give up on fostering her granddaughter. [ 7 ] As the mother’s situation remain the same, as she displays important alcohol issues and as she did not seek help from social services, the Director of Youth Protection had to provide the child a foster family. She is placed provisionally in foster family since the grandmother’s decision. Recently, an aunt manifested her interest to assume the child. [ 8 ] The mother maintains regular contacts. She is supposed to attend therapy in Portage soon with her two youngest children.

The father is in detention since May 2016 and he is supposed to be released in March 2018. [ 9 ] Considering that the parents are unable to assume the child and that the grandmother’s situation is deteriorated since the death of her husband, [ 10 ] Considering the parents’ agreement with the measures recommended, THEREFORE, THE COURT: [ 11 ] GRANTS the motion;

[ 12 ] DECLARES that the security and development of X are still in danger; [ 13 ] ORDERS the placement of X in a foster family until August 31, 2018; [ 14 ] RECOMMENDS the parents to seek help through social services concerning their personal issues (alcohol, domestic violence, emotional dependency and personal family issues); [ 15 ] ORDERS that the contacts between the child and the parents be supervised by the Director of Youth Protection as to their terms and frequency; [ 16 ] ORDERS the parents to remain sober and without violent behaviours in presence of the child; [ 17 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the parents and the child until August 31, 2018; [ 18 ] ORDERS the 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 Aubrée Coutanson Attorney for the applicant Me Angèle Tommasel Attorney for the mother Me Marianne Léonard Attorney for the father Me Cassandra Neptune Attorney for the child Date of hearing: September 8, 2017