2016 QCCQ 6574, 2016 QCCQ 6574

Protection de la jeunesse — 162744 2016 QCCQ 6574 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 640-41-001725-149 DATE: May 5 th 2016 ______________________________________________________________________ PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on [...] 2011 Child [SOCIAL WPRKER 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 B, 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 decisions made on May 19 th 2015 concerning X. [ 2 ] The parents were present in Court on May 5 th 2016 in Town A.

The father admitted most of the alleged facts and agreed that the measures proposed by the Director be ordered. [ 3 ] The child is now four years old and was entrusted to her paternal grandmother according to the last Court order. [ 4 ] The father who lived with his own parents all through last year would be child’s guardian progressively in the next months. [ 5 ] The mother admits some of the allegations but would like the child to be reintegrated to both parents together. [ 6 ] The mother lived in Town B during the last year. [ 7 ] The father, the child and the grandparents live in Town A.

The father took care of the child everyday along with the grandmother. [ 8 ] The mother has not taken care of the child for more than a year. She made regular phone calls to the grandparents’ domicile. It was sometimes difficult to reach them because of the change of their phone number according to the mother. [ 9 ] The mother just came back to live in Town A yesterday, May 4 th 2016. [ 10 ] The social worker was not aware of the couple’s intention to reunite. [ 11 ] The father testified and says that it takes a father and a mother to respond to the needs of a child. [ 12 ] He wants to proceed step by step.

It will take a couple of months before he can take full responsibility for the child and he will

progressively live once again with the mother. [ 13 ] When they lived together, the parents had a history of alcohol abuse and conjugal violence. They will need to prove that they are serious in their will to act as responsible adults and responsible parents. [ 14 ] The mother will need to adjust herself to the reality of a child she has not lived with for more than a year. [ 15 ] The mother was not very collaborative with the social worker when she lived in Town B.

FOR ALL THESE REASONS, THE COURT: [ 16 ] GRANTS the motion; [ 17 ] DECLARES that the security and development of the child, X, are still in danger; [ 18 ] REVISES and EXTENDS the decisions rendered on May 19 th 2015; [ 19 ] ORDERS that the child be entrusted to a foster family, namely that of her paternal grandmother, Ms C with a progressive reintegration under the care of the father, meanwhile, until August 30 th 2016; [ 20 ] ENTRUSTS the child under the care of the father as of September 1 st 2016; [ 21 ] TAKES NOTICE that both parents might live together in the coming months; [ 22 ] ORDERS that the Director of Youth Protection determine a life plan for the child aimed at ensuring continuity of care, a stable relationship and stable living conditions corresponding to the child’s needs and age; [ 23 ] ORDERS that the child and the parents take an active

part in the application of the measures; [ 24 ] ORDERS that the child and the parents report in person at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 25 ] ORDERS that the parents remain sober in the presence of the child; [ 26 ] ORDERS that the parents remain without any violent behaviour in the presence of the child; [ 27 ] RECOMMENDS that the parents seek help through social services concerning their alcohol, drugs and personal issues; [ 28 ] ORDERS that the contacts between the child and the parents be determined by the Director of Youth Protection as to the modalities and the frequency; [ 29 ] AUTHORIZES the Director of Youth Protection to conduct unannounced visits in the family household; [ 30 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and the family; [ 31 ] ORDERS the police to collaborate to the execution of the enactment; [ 32 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection for the execution of the measures; [ 33 ] THE WHOLE until November 30 th 2016 __________________________________ JEAN GRAVEL, J.Q.C.

Mtre Donald Bourget, Attorney for the applicant Mtre Yan Massé, Attorney for the child Mtre Angèle Tommasel, Attorney for the mother Mtre Marie-Claude De Gagné, Attorney for the father