2016 QCCQ 6572, 2016 QCCQ 6572

Protection de la jeunesse — 162742 2016 QCCQ 6572 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 640-41-001615-134 DATE: April 12 th 2016 ______________________________________________________________________ PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on [...] 2010 Child [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A Applicant and A, presently detained at Tanguay Detention Center in Montreal, district of Montreal Mother and B , presently detained at the Detention Center in Hull, district of Hull Father ______________________________________________________________________ JUDGMENT ( Sections 95(1) and 75 , Youth Protection Act , 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 asks the Court to review the decisions made on November 14 th 2014 concerning the child, X. [ 2 ] The child is now five years old.

She was entrusted to a foster family according to the last Court order. [ 3 ] The Court proceeded in the presence of the father on April 12 th 2016. The child and the mother were absent but represented by a lawyer. [ 4 ] The father admits most of the alleged facts and accepts the measures proposed by the Director. [ 5 ] The mother, through her lawyer, makes the same representations. [ 6 ] The child lives in a new foster family since January 2016. The foster mother is the maternal aunt.

This family is under evaluation to see if it can offer the stability the child will need in the coming years. [ 7 ] The mother’s situation is very unstable. She has been arrested on many occasions in the last year for assault, threats and being seriously intoxicated. [ 8 ] The father did not have any contact with the child in the last year. He was arrested and accused of different criminal offences including a sexual assault in May 2015. FOR ALL THESE REASONS, THE COURT: [ 9 ] GRANTS the motion; [ 10 ] DECLARES that the security and development of the child, X, are still in danger;

[ 11 ] REVISES and EXTENDS the decisions rendered on November 12 th 2014; [ 12 ] ORDERS that the child be entrusted to a foster family chosen by the institution operating a child and youth protection centre; [ 13 ] ORDERS that the parents take an active

part in the application of the measures; [ 14 ] ORDERS that the parents report in person or by telephone at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 15 ] ORDERS that the Director of Youth Protection determine a life plan for the child ensuing continuity of care, stable relationships and stable living conditions on a permanent basis; [ 16 ] ORDERS that the parents remain sober in the presence of the child; [ 17 ] ORDERS that the parents refrain from any violent behaviour in the presence of the child; [ 18 ] ORDERS that the contacts between the child and the parents be determined by the Director of Youth Protection as to the modalities, the frequency and the degree of supervision; [ 19 ] ORDERS that the contacts between the child and the father be in the presence of a third party; [ 20 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child, the family and the foster family; [ 21 ] ORDERS the police to collaborate to the execution of the enactment; [ 22 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection for the execution of the measures; [ 23 ] THE WHOLE until November 30 th 2016. __________________________________ JEAN GRAVEL, J.Q.C.

Mtre Donald Bourget, Attorney for the applicant Mtre Cassandra Neptune, Attorney for the child Mtre Angèle Tommasel, Attorney fro the mother Mtre Marie-Claude De Gagné, attorney for the father