2018 QCCQ 14867, 2018 QCCQ 14867

Protection de la jeunesse — 185449 2018 QCCQ 14867 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 635-41-000759-172 635-41-000760-170 DATE: July 9, 2018 ______________________________________________________________________ BY THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2011 Y, born on […], 2016 [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of A Applicant v.

A , residing and domiciled at […] Mother and B , currently detained at Établissement de detention A […] Father of Y ______________________________________________________________________ JUDGMENT (sections 95(1) and 75 of the Youth Protection Act ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of information allowing for a child or the child’s parents to be identified.

Every person who contravenes this provision is guilty of an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A .). [ 1 ] The Director of Youth Protection of A submitted an application for review of the decision rendered on August 17, 2017, concerning the children Y and X. [ 2 ] The new facts in support of the review are proved by admissions of the parties, the revision report, the occurrence report of the Police Force [A] concerning Y’s father, Mr. B, and the social worker’s testimony. [ 3 ] Both children were entrusted to a foster family with gradual reintegration with their mother.

The children have been fully integrated to the care of the mother since April 4, 2018. [ 4 ] The mother completed the Treatment Center A program in February 2018. She has been able to remain sober since her return to the community. [ 5 ] The mother’s cooperation with the youth protection is excellent. She is transparent and honest, and she has built a trusting relationship with the applicant. [ 6 ] Y’s father was not present at the hearing even though the proceeding was duly served. [ 7 ] Regarding her tumultuous relationship with Mr. B, the mother is no longer involved in that relationship.

He was detained at Detention Center A and was released on May 17, 2018. Ms. A is aware that his return to the community could have an impact on her well-being and her children’s security. [ 8 ] The situation has improved but remains fragile. The mother needs to be supported to avoid returning to a relationship marked by conflict and domestic violence. FOR THESE REASONS, THE COURT: In the situation of Y: [ 9 ] GRANTS this application; [ 10 ] REVISES the decision or order rendered on August 17, 2017;

[ 11 ] DECLARES that the security or the development of the child Y, born on […], 2016, continues to be in danger; [ 12 ] ORDERS that the child remain with the mother; [ 13 ] ORDERS that the child’s parents take an active

part in the application of any of the measures ordered by the Tribunal; [ 14 ] ORDERS that the child’s parents report in person to the Director, at regular intervals, to inform him of the current situation; [ 15 ] ORDERS that the child and the child’s family receive the services of an external educator for the period deemed necessary by the professional; [ 16 ] ORDERS that the parents remain sober in the presence of the child; [ 17 ] ORDERS that the parents refrain from all violent behaviour in the presence of the child; [ 18 ] RECOMMENDS that the father seek help through Social Services or resources available in his community for his relationship issues and substance abuse; [ 19 ] RECOMMENDS that the mother continue to seek help through Social Services or A.A. meetings to maintain her sobriety and deal with her personal issues; [ 20 ] RECOMMENDS that the mother continue to seek help through Social Services for her relationship issues; [ 21 ] TAKES NOTE of the mother’s consent to authorizes the Director of Youth Protection to access the information regarding her presence at appointments with professionals and her level of involvement in the services provided; [ 22 ] ORDERS that contact between the child and the father be determined by the Director with respect to the terms, frequency and degree of supervision; [ 23 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family; [ 24 ] ORDERS the police to collaborate in the execution of the enactment; [ 25 ] ENTRUSTS the situation of the child to the Director of Youth Protection of A, who shall then see that the measures are carried out; [ 26 ] THE WHOLE until May 31, 2019.

In the situation of X: [ 27 ] GRANTS this application; [ 28 ] REVISES the decision or order rendered on August 17, 2017; [ 29 ] DECLARES that the security or the development of the child X, born on […], 2011, continues to be in danger; [ 30 ] ORDERS that the child remain with the mother; [ 31 ] ORDERS that the child’s mother take an active

part in the application of any of the measures ordered by the Tribunal; [ 32 ] ORDERS that the child’s mother report in person to the Director, at regular intervals, to inform him of the current situation; [ 33 ] ORDERS that Mr.

B not come into contact with the child; [ 34 ] ORDERS that the child and the child’s family receive the services of an external educator for the period deemed necessary by the professional; [ 35 ] RECOMMENDS that the mother continue to seek help through Social Services or A.A. meetings to maintain her sobriety and deal with her personal issues; [ 36 ] RECOMMENDS that the mother continue to seek help through Social Services for her relationship issues; [ 37 ] TAKES NOTE of the mother’s consent to authorizes the Director of Youth Protection to access the information regarding her presence at appointments with professionals and her level of involvement in the services provided; [ 38 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family until May 31, 2019; [ 39 ] ENTRUSTS the situation of the child to the Director of Youth Protection of A, who shall then see that the measures are carried out; [ 40 ] ORDERS the police to collaborate in the execution of the enactment [ 41 ] THE WHOLE until May 31, 2019.

__________________________________ RENÉE LEMOINE, J.C.Q. Mtre Marianne Léonard Attorney for the children Mtre Geneviève Apollon Attorney for the applicant Mtre Cassandra Neptune Attorney for the mother Date of hearing: May 25, 2018