r v. C, 2016 QCCQ 8669

Protection de la jeunesse — 163830 2016 QCCQ 8669 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] « Youth Division » No: 650-41-002206-122 DATE: June 15 th , 2016 BY THE HONOURABLE ANDRÉE ST-PIERRE, JCQ In the situation of : X Born on […] 2012 [SOCIAL WORKER 1] , in her quality of authorized person by the Director of Youth Protection, Centre intégré de santé et de services sociaux A, petitioner v. C - and - D parents JUDGMENT PETITION FOR REVIEW AND EXTENSION (Art. 95 al. 1 and 2 and 75, Youth Protection Act, CQLR 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 presents a petition for review and extension of a Court order rendered on 2016, May 26 th concerning X, born on […], 2012, who is 4 years old. [ 2 ] The parents have four children, X and Y, born on 2012 […] Z, born on 2010 […] and A, born on 2008 […].

The mother has an older daughter, B, born on 2003 […]. [ 3 ] All the children live with their parents except for X. [ 4 ] X has been living with his aunt E and his uncle F since his was two months old. He is diagnosed with leukemia and he had to have treatments each week at the CH[A] in A City. The medical treatments are finished since December 2015 but he still has a regular medical follow up. He has a follow up for his asthma problem. He has to deal with a lot of health issues. [ 5 ] The relationship between the parents is still unstable.

They separate and reconcile frequently. [ 6 ] The mother went to school in A City and then move to B City to go to school and she’s now back in C City, living with the father. [ 7 ] The mother has completed a therapy in November 2015 and she is now sober, except for a period during the holidays. The father went to a healing session in April 2016 and he wants to stop drinking. Even if the parents went through therapy, they still need help to make sure they stay sober. [ 8 ] The child has not seen his father since the last Court order and he saw his mother once but he did not recognize her.

In January 2016, the mother wanted to see her son while she was in A City, but she couldn’t because she failed to call the social worker before she went there. [ 9 ] It is difficult for the social worker to get in touch with the parents. [ 10 ] The child’s security and development are still in danger according to the Youth Protection Act . [ 11 ] MEASURES [ 12 ] The child has been living with E and F since November 2013. They share a very strong bond. The child calls them mom and dad.

[ 13 ] A report written by [Social Worker 2], social worker, dated 2016, March 3 rd , tells us that Mrs E and Mr F show a lack of organisation and they don’t always show up for X follow up like they should. [ 14 ] The child should have physiotherapy. He has development problems. The occupational therapist says he is a year behind his real age.

He has a meeting with an occupational therapist each Tuesday and with a speech therapist each Thursday. [ 15 ] When she is asked why she doesn’t go to his meetings, Mrs E says that she sometimes forget and that the child has health problems or the weather isn’t good enough. [ 16 ] The child does not go to a daycare center. He can not speak well and he still wets his pants. He is not able to start school in September 2016 like he should.

In fact, no request for him to go to school has been made yet. [ 17 ] Mrs E and Mr F filed to be a foster family but they failed because their apartment is too small. [ 18 ] They get financial help from D City CISSS while X needs a medical treatment.

They plan to keep on living in A City when X’s medical follow up ends. [ 19 ] Mr F still works in D City and he lives in A City when he doesn’t work. [ 20 ] Mrs E and Mr F really want to keep X with them and they really love him but since they have problems, [Social Worker 2] met them and put it clear to them that they have to make sure that all the child’s needs are answered. [ 21 ] At first, the DYP wanted the Court to entrust the child to Mrs E and Mr F until he is 18 years old but now, asks that he lives there for six months, leaving time for Mrs E and Mr F to show that they can take care of X in a good way.

They have all the help they can have to be appropriate, they have now to show that they are able to do so. [ 22 ] The measures asked by Director of Youth Protection are in the best’s child interests.

THEREFORE, THE COURT : [ 23 ] GRANTS the motion; [ 24 ] DECLARES that the security and development of the child X are still in danger; [ 25 ] ENTRUSTS the child to the care of his aunt E and his uncle F; [ 26 ] ORDERS that a person working for an institution or body provides aid, counselling and assistance to the child and his family; [ 27 ] ORDERS that the contacts between the child and his parents be in presence of a person authorized by the Youth Protection Director and in his best interest as long as necessary; [ 28 ] ORDERS to E and to F to collaborate with all the help and professional services needed for the child; [ 29 ] ORDERS that the exercises of certain attributes of parental authority be withdrawn from the parents; [ 30 ] AUTHORIZES the Youth Protection Director or the person he chooses to consent to the health care services needs, any school activities, cultural and sports activities, any consent to obtain a passport or travel around the world; [ 31 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order for a period of six months.

Signed on July 6 th , 2016 ANDRÉE ST-PIERRE, JCQ Me Lyne Monger lapierre turgeon monger, avocats direction of youth protection Me Pierre Paradis centre communautaire juridique A Lawyer for the child Me Marie-Josée Bernier jean-rock genest, avocats Lawyer for the father

The mother, personally Date of hearing: June 15 th , 2016