r v. C, 2016 QCCQ 8788

Protection de la jeunesse — 163826 2016 QCCQ 8788 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division » No: 650-41-001969-118 DATE: June 15 th , 2016 BY THE HONOURABLE ANDRÉE ST-PIERRE, JCQ In the situation of : X Born on [...], 2010 [SOCIAL WORKER 1] , in her quality of authorized person by the Director of Youth Protection, Centre intégré de santé et de services sociaux A, petitioner v. C - and - D parents JUDGMENT PETITION FOR REVIEW AND EXTENSION (Art. 95 al. 1 and 2 and 75, Youth Protection Act, CQLR, 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 presents a petition for review and extension for X, born on [...], 2010, who is 6 years old. [ 2 ] The parents have three other children, Y, born on 2012 [...], Z, also born on 2012 [...] and A, born on 2008 [...].

The mother has an older daughter, B, born on 2003 [...]. [ 3 ] Except for Y, all the children remain in their family with a follow up. [ 4 ] The last Court order was rendered on 2015 May 26 th because of the unstable relationship between the parents and because they had other difficulties like alcohol and drug consumption problems. [ 5 ] The mother completed a therapy in November 2015 and she is now sober, except for a period during the holidays. The father went to a healing session in April 2016 and he wants to stop drinking.

Even if the parents went through therapy they still need help to make sure they stay sober. [ 6 ] The mother is not stable. In January 2016, she left City A to live in City B. The children stayed with their father. She came back in March and started to live with the father again at that time. The parents want to move to City B to be close to their son Y but their plan is not clear. The mother also wants to go to a therapy in Montréal. [ 7 ] The parents still separate and reconcile after a while.

Their relationship is unstable. [ 8 ] It is difficult for the social worker to get in touch with the parents. [ 9 ] According to the evidence, the parent’s situation remains difficult. [ 10 ] The children are still exposed to situation of serious risk of neglect and their security and their development are still in danger according to the Youth Protection Law. [ 11 ] MEASURES [ 12 ] The situation of each parent is improving. Each of them wants to stop drinking and in fact they did. However, their drinking problem was so important in the past that we have to make sure that they keep on being sober.

The children are taking care of by the grant-parents when the parents need their help. [ 13 ] The child doesn’t have any health or development problems.

[ 14 ] The measures asked by Director of Youth Protection are in best interest of the child. THEREFORE, THE COURT : [ 15 ] GRANTS the petition; [ 16 ] DECLARES that the security and development of the child remains in danger; [ 17 ] ENTRUSTS the child to his parents; [ 18 ] ORDERS that a person working for an institution or body provides aid, counselling and assistance to the child and his family; [ 19 ] ORDERS that the child’s parents take an active

part in the application of any measures ordered by the Court; [ 20 ] ORDERS to the parents to complete their steps to put an end to their problems; [ 21 ] ORDERS to the parents to collaborate to the measures, particularly that they inform the social worker of any change in their situation, such as moving or getting separated; [ 22 ] ORDERS to the parents to inform the social worker before they move to City B if they do and to give their new address to the social worker; [ 23 ] ORDERS to the parents to remain sober in presence of the child; [ 24 ] PROHIBITS to the consumption of alcohol or drugs in presence of the child; [ 25 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order for a period of twelve months.

Signed on July 6 th , 2016 ANDRÉE ST-PIERRE, JCQ Me Lyne Monger lapierre turgeon monger, avocats direction of youth protection Me Pierre Paradis centre communautaire juridique A Lawyer for the child Me Marie-Josée Bernier jean-rock genest, avocats Lawyer for the father The mother, personally Date of hearing: June 15 th , 2016