2016 QCCQ 6521, 2016 QCCQ 6521
Opinion
Protection de la jeunesse — 162730 2016 QCCQ 6521 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 635-41-000632-148 635-41-000631-140 635-41-000630-142 DATE: April 14 th 2016 ______________________________________________________________________ PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on [...] 2003 Y, born on [...] 2006 Z, born on [...] 2000 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 ______________________________________________________________________ AMENDED JUDGMENT [1] ( 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 October 15 th 2015 concerning the children, X, Y and Z. [ 2 ] The parents were present in Court on April 14 th 2016.
They admit very few alleged facts but accept that the Director maintains a follow-up with their family. [ 3 ] The father says that he did not meet the social worker very often because he had a rough year. [ 4 ] The mother admits that the family dynamic has not changed a lot but she does not want the Director to intervene in her family until the end of October 2016 as suggested by the Director. [ 5 ] The mother would agree to collaborate until the end of August 2016. [ 6 ] The social worker wants enough time to discuss with the parents.
The actual worker is the fifth appointed delegate by the Director since 2014. [ 7 ] Z has not shown any suicidal ideations since the last Court order.
[ 8 ] She does not go to school and spends her time at home with her mother. She is 15 years old. [ 9 ] On December 5 th 2015, the father was really intoxicated.
He went into a crisis breaking objects in the house. [ 10 ] During the month of March 2016, the family was affected by the suicide of a relative. [ 11 ] The Court has in mind that the children’s regular presence in school is an issue and that a measure valid until the end of October would allow to monitor their schooling. [ 12 ] The Court will put the accent on the little motivation the mother is showing to receive services. [ 13 ] If there are no clients for the Director, there will not be any intervention possible within that family. [ 14 ] The family has been followed by the Director since 2014.
FOR ALL THESE REASONS, THE COURT: [ 15 ] GRANTS the motion; [ 16 ] DECLARES that the security and development of the children, X, Y and Z, are still in danger; [ 17 ] REVISES and EXTENDS the decisions rendered on October 15 th 2015; [ 18 ] ORDERS that the children remain with the mother; [ 19 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures he applies in their own regard or in the children’s regard to put an end to the situation of compromission; [ 20 ] ORDERS that the parents take an active
part in the application of the measures; [ 21 ] ORDERS that the parents remain sober in the presence of the children; [ 22 ] ORDERS that the father refrain from using any aggressive or violent behaviour in the presence of the children; [ 23 ] RECOMMENDS that the father seek help through social services concerning domestic violence; [ 24 ] RECOMMENDS that the mother seek help through social services concerning domestic violence; [ 25 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the children and the family; [ 26 ] ORDERS the police to collaborate to the execution of the enactment; [ 27 ] ENTRUSTS the situation of the children, X, Y and Z, to the Director of Youth Protection for the execution of the measures; [ 28 ] THE WHOLE until August 31 st 2016. __________________________________ JEAN GRAVEL, J.Q.C.
Mtre Geneviève Apollon, Attorney for the applicant Mtre Cassandra Neptune, Attorney for the children
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