2016 QCCQ 10988, 2016 QCCQ 10988

Protection de la jeunesse — 164789 2016 QCCQ 10988 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT [...] TOWN [...] Youth Division No.: 640-41-001865-143 DATE: August 15, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2013 MRS JULIE BAILLARGEON, 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 detained at Établissement Leclerc in Laval , Quebec, District of Laval Mother and MR B, residing and domiciled in Town A, Quebec, District A Father ______________________________________________________________________ JUDGMENT (Sections 95 (par. 1) and 75 YPA, RSQ 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 YPA). [ 1 ] The Director of Youth Protection of the A C.Y.P.C. asks the Court to review the decision rendered on January 7, 2016 by Honourable Jean Gravel, J.C.Q., concerning the situation of X, 3 years old.

The applicant wants the Court to extend the child's placement for three months with measures for the parents. [ 2 ] At the hearing, the father is present, assisted by Me Marie-Claude De Gagné. The absent mother is represented by Me Angela Tommasel. Me Cassandra Neptune represents the child and Me Aubrée Coutanson the applicant. [ 3 ] The proof of the new facts in support of the petition reveals : 3.1. The parents' situation remains the same as they still display alcohol related problems; 3.2.

Last January 2016, the foster parents gave up on taking care of the child because the father was continually getting her out of the house; 3.3. The paternal grandmother agreed to take back the child under her care with the help of the father who is living in the same house; 3.4. The father babysits the child during the day when the foster mother is working; 3.5. In March, the father started a follow-up with an addiction specialist worker but he stopped on April 20; 3.6. Between April 13 and May 19, the father has been intoxicated in presence of the child at four occasions; 3.7.

On May 19, the father was arrested for uttering threats to his aunt; 3.8. On February 14, the mother breached her conditional sentence, not to consume alcohol, and was sent to detention; 3.9. On May 20, she was arrested and detained for assault, and again, breach of conditional sentence; 3.10. The mother had irregular contacts with the child and did not take any steps to change her lifestyle. [ 4 ] The father wants eventually to assume his child. He is well aware of his issues and he knows what he has to change.

His parental capacities would allow him to assume the child if he stops his alcohol consumption. [ 5 ] He needs to meet with a specialist for substance addiction and to meet the social worker regularly.

[ 6 ] The child is back with her paternal grandmother and will remain for the next three months. Such delay should be sufficient to evaluate the father's motivation.

As the previous judge said in the last judgment « the father will need to make a choice », i f he does not in the next three months, the Director of Youth Protection will have to evaluate a life project for the child. [ 7 ] Considering the evidence and the parents' agreement with the measures, FOR THESE MOTIVES, THE COURT: [ 8 ] GRANTS the motion; [ 9 ] DECLARES that the security and development of X are still in danger; [ 10 ] ORDERS the placement of the child X in a foster family for a period of three months with reintegration with the father if the situation allows it; [ 11 ] ORDERS the father to beneficiate of a follow-up for his alcohol issue; [ 12 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the child and his parents for a period of nine months; [ 13 ] ORDERS the parents to collaborate actively with the social worker; [ 14 ] ORDERS the Director of Youth Protection to supervise the visits and contacts of the mother with the child as to the modalities, the frequency and the degree of supervision; [ 15 ] ORDERS the police to collaborate to the execution of the enactment; [ 16 ] 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 Angela Tommasel Attorney for the mother Me Marie-Claude De Gagné Attorney for the father Me Cassandra Neptune Attorney for the child Date of hearing: July 12, 2016