2016 QCCQ 6578, 2016 QCCQ 6578

Protection de la jeunesse — 162748 2016 QCCQ 6578 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 640-41-001826-145 640-41-001827-143 DATE: May 6 th 2016 ______________________________________________________________________ PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on [...] 2014 Y, born on [...] 2012 Children [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A Applicant and A, residing and domiciled in Town A, Quebec, district A Mother and B , residing and domiciled in Town A , Quebec, district A Father ______________________________________________________________________ JUDGMENT (

Section 95 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 last decisions made on January 8 th 2016 concerning X and Y. [ 2 ] The mother was present in Court on May 6 th 2016 in Town A.

She was assisted by her lawyer. This lawyer also represented the father who had chosen not to be present in Court. [ 3 ] The parents’ position was expressed by their lawyer. All the alleged facts were admitted. The m other does say that she now has stopped drinking alcohol for the last month. [ 4 ] The parents agree that the measures proposed by the Director be ordered. [ 5 ] X is now two years old. Y is three. They have both been living in foster care since the last Court order. [ 6 ] The bound was maintained between Y and his parents. They had regular contacts with him.

The mother is mostly implicated with Y. [ 7 ] The Director now asks that Y be entrusted to his parents. He would live with his mother. [ 8 ] The mother can benefit from the support of many members of her extended family. She also has the services of an external educator. [ 9 ] A safety net is really present for Y should he live with his mother.

[ 10 ] As for X, she has found stability in her foster home. [ 11 ] The parents agree that she be maintained there until she reaches majority. She has been living with her actual foster mother since she was two months old. This lady is ready to take care of X until she reaches majority.

FOR ALL THESE REASONS, THE COURT: [ 12 ] GRANTS the motion; [ 13 ] DECLARES that the security and development of the children, X and Y, are still in danger; [ 14 ] REVISES and EXTENDS the decisions made on January 8 th 2016; [ 15 ] ORDERS that Y remain with the parents; [ 16 ] ORDERS that X be entrusted to a foster family, namely that of Ms C; [ 17 ] ORDEERS that Y and the family receive the services of an external educator for the period deemed necessary by the professionals; [ 18 ] ORDERS that the parents take an active

part in the application of the measures; [ 19 ] ORDERS that the parents report in person at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 20 ] ORDERS that the parents remain sober in the presence of the children; [ 21 ] ORDERS that the parents remain without any violent behaviour in the presence of the children; [ 22 ] RECOMMENDS that the parents seek help through social services concerning their substance abuse and personal issues; [ 23 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the children and the family; [ 24 ] ORDERS the police to collaborate to the execution of the enactment; [ 25 ] ENTRUSTS the situation of the children, X and Y, to the Director of Youth Protection for the execution of the measures; [ 26 ] THE WHOLE until December 19 th 2016 for Y and until [...] 2032 for X. __________________________________ JEAN GRAVEL, J.Q.C.

Mtre Donald Bourget, Attorney for the applicant Mtre Yan Massé, Attorney for the children Mtre Angèle Tommasel, Attorney for the parents