2016 QCCQ 6522, 2016 QCCQ 6522

Protection de la jeunesse — 162731 2016 QCCQ 6522 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 635-41-000653-151 635-41-000654-159 635-41-000652-153 DATE: April 14 th 2016 ______________________________________________________________________ PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on [...] 2003 Y, born on [...] 2007 Z, born on [...] 2001 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 ( 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 December 10 th 2015 concerning the children, X, Y and Z. [ 2 ] The Court proceeded in the absence of the children and their parents on April 14 th 2016.

They were all advised of the proceedings but preferred to participle in an activity in their community. [ 3 ] All parties had communicated with their lawyers who represented them in Court. [ 4 ] The parents admit most of the alleged facts and agree that the measures proposed by the Director be ordered. [ 5 ] X and Z told their lawyer that they wanted to go to school more regularly. [ 6 ] The Director wants the children to be maintained with their parents and will support them in the exercise of their parental role. [ 7 ] The parents have diminished their alcohol intake.

The situation is more stable. [ 8 ] The last order had entrusted the children to their mother. For the last months, the children go from one house to the other as the parents do not live together.

[ 9 ] The parents do not communicate easily but they can manage where the children are to stay by themselves. [ 10 ] The services of an external educator are available for the family. FOR ALL THESE REASONS, THE COURT: [ 11 ] GRANTS the motion; [ 12 ] DECLARES that the security and development of the children, X, Y and Z, are still in danger; [ 13 ] REVISES and EXTENDS the decisions rendered on December 10 th 2015; [ 14 ] ORDERS that the children remain with the parents; [ 15 ] ORDERS that the parents take an active

part in the application of the measures; [ 16 ] ORDERES that the parents report in person at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 17 ] FORBIDS any contacts between the children and the maternal uncle, Ms C; [ 18 ] ORDERS that the children attend school and that the parents participle actively and collaborate with the school establishment; [ 19 ] ORDERS that the children and the family receive the services of an external educator for the period deemed necessary by the professionals; [ 20 ] ORDERS that the parents refrain from consuming or being under the influence of alcohol in the presence of the children; [ 21 ] RECOMMENDS that the parents seek help through social services concerning their alcohol consumption, domestic violence and personal issues; [ 22 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the children and the family; [ 23 ] ORDERS the police to collaborate to the execution of the enactment; [ 24 ] ENTRUSTS the situation of the children, X, Y and Z, to the Director of Youth Protection for the execution of the measures; [ 25 ] THE WHOLE until October 31 st 2016. __________________________________ JEAN GRAVEL, J.Q.C.

Mtre Geneviève Apollon, Attorney for the applicant Mtre Marie-Claude De Gagné, Attorney for the children Mtre Angèle Tommasel, Attorney for the mother Mtre Cassandra Neptune, Attorney for the father