2015 QCCQ 9257, 2015 QCCQ 9257

Protection de la jeunesse — 15943 2015 QCCQ 9257 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 650-41-001969-118 DATE: May, 26 th 2015 BY JUDGE RICHARD CÔTÉ, C.Q. In the situation of : X Born on [...] [SOCIAL WORKER 1] , authorized person for the Director of youth protection, district A Petitioner and A and B Parents JUDGMENT 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 Court was presented with an application for review of orders rendered on November 19 th 2014 in relation with three children of the same family, Y , X and Z . The children remain in their family with a follow up. [ 2 ] The Director of youth protection submits a motion for review and extension for the following reasons as mentioned in the motion : 3.

The parent’s relationship is still marked with periods of instability; their relationship remains unstable as they often separate and reconcile; 4. The mother has not yet been enrolled or attended a therapy program for her alcohol and drug consumption problems, but she told us that she can have more control over her problems since a few months; 5. Since the last order there has been no indication of domestic violence between the parents, but they often lose patience when the mother is under the influence of alcohol, and he asks her to leave their home; 6.

The paternal grand-parents, are regularly spending time with the children because they take care of them some weekends or when the parents need help; 7.

After an assessment of the situation, it appears that the security or development of the child is in danger, more specifically because the child is in danger because there is a serious risk that a child’s parents are not providing for the child’s basic needs because of the drug and alcohol addictions and parent’s instability; [ 3 ] In light of the foregoing, the Director recommends that the protection measures be extended over a period of twelve (12) months. [ 4 ] Both parents are present.

They agree on the extension of the measures. [ 5 ] According to the evidence, since the court’s decision last November, the parent’s situation remains difficult. Their relationship is unstable. It happened several times that they separate then reconcile. [ 6 ] The mother’s situation remains fragile. In her written report, Mrs. [Social Worker 2] mentions :

Mrs. A ’s situation is still fragile. She is currently being followed by a social worker working for the [CLSC A]. The follow-up focuses on her drug and alcohol consumption problems. Mrs. A has not yet been enrolled or attended a therapy program for her alcohol and drug consumption problems; however, she states that her situation is improving. Since January 2015, Mrs. A has only consumed alcohol during special occasions. She prefers to be present at home for her children and their father. Mrs. A reports less than five events during which she consumed alcohol since November 2014. Indeed, we have noticed that Mrs.

A ’s situation is improving, but we believe that she still needs help and support in order to work on her current difficulties. [ 7 ] Both parents offer a good collaboration, and their situation is improving. [ 8 ] However, the children are still exposed to a situation of serious risk of neglect, and the evidence convinces the Court that the security and the development of the children are still in danger.

THEREFORE, THE COURT : [ 9 ] GRANTS the motion; [ 10 ] DECLARES that the security and development of the child X are in danger ; [ 11 ] ORDERS that the child remains entrusted to the care of his parents with a follow up until 26 th of May 2016; [ 12 ] ORDERS that the parents collaborate with the Director of youth protection and inform the youth workers of the steps they have taken to address their respective situations and of any change of address or telephone number; [ 13 ] RECOMMENDS that both parents submit themselves to an assessment for drug or alcohol problems and submit to a therapy if deemed necessary by the person who made the assessment ; [ 14 ] RECOMMENDS that both parents remain sober when they are in the presence of their child ; [ 15 ] ORDERS that a person working for an institution provides aid, counselling or assistance to the child and the child’s family; July, 6 th 2015 __________________________________ RICHARD CÔTÉ, J.C.Q.

Me Lyne Monger Lawyer of Director of youth protection Me Mathieu Tshernish-Jourdain Lawyer of the youth Me Mathieu Racine Lawyer of the mother Me Marie-Josée Bernier Lawyer of the father Date of hearing: May, 26 th 2015