2016 QCCQ 6576, 2016 QCCQ 6576

Protection de la jeunesse — 162746 2016 QCCQ 6576 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 640-41-001803-144 640-41-001802-146 640-41-001801-148 DATE: April 12 th 2016 ______________________________________________________________________ PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on [...] 2003 Y, born on [...] 2004 Z, born on [...] 2007 Children [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A Applicant and C, residing and domiciled in Town A, Quebec, district A Father of Z and caregiver of Y and X ______________________________________________________________________ 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 March 20 th 2015 concerning the children, X, Y and Z. [ 2 ] The three children were entrusted to a foster family according to the last Court order. [ 3 ] X is 13 years old, Y is 12 and Z is 8 years old. [ 4 ] The Director now says that the children are ready to be entrusted to their father. [ 5 ] Z will live with his father and the two girls will stay with their grandmother, Ms D with the authorization of the father. [ 6 ] The father admits the alleged facts contained in the motions prepared by the Director and agrees that the measures proposed be ordered. [ 7 ] The father recognizes that his older sons, A and B can put his younger daughters in danger when they are together.

A no longer lives with the father. The father will put a safety net to protection X and Y. [ 8 ] He offers a very good collaboration to the social worker. FOR ALL THESE REASONS, THE COURT: [ 9 ] GRANTS the motion; [ 10 ] DECLARES that the security and development of the children, X, Y and Z, are still in danger;

[ 11 ] REVISES and EXTENDS the decisions rendered on March 20 th 2015; [ 12 ] ORDERS that the children remain with the father; [ 13 ] TAKES NOTICE that X will remain most of the time with her grandmother; [ 14 ] ORDERS that the father report periodically to the Director of Youth Protection on the measures he applies in his own regard or in the children’s regard to put an end to the situation of compromission; [ 15 ] ORDERS that the father take an active

part in the application of the measures; [ 16 ] ORDERS that X and her family receive the services of an external educator for the period deemed necessary by the professionals; [ 17 ] ORDERS that the father remain sober in the presence of the children; [ 18 ] ORDERS that the contacts between the children and B and A be determined by the Director of Youth Protection as to the modalities, the frequency and the degree of supervision; [ 19 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the children and the family; [ 20 ] ORDERS the police to collaborate to the execution of the enactment; [ 21 ] ENTRUSTS the situation of the children, X, Y and Z, to the Director of Youth Protection for the execution of the measures; [ 22 ] THE WHOLE until April 30 th 2017. __________________________________ JEAN GRAVEL, J.Q.C.

Mtre Donald Bourget, Attorney for the applicant Mtre Cassandra Neptune, Attorney for the children Mtre Marie-Claude De Gagné, attorney for the father and interested party