r v. B, 2016 QCCQ 8674

Protection de la jeunesse — 163835 2016 QCCQ 8674 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] «Youth Division» No: 650-41-002622-161 DATE: June 15 th , 2016 BY THE HONOURABLE ANDRÉE ST-PIERRE, JCQ In the situation of : X Born on […], 2016 [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. B - and - C parents JUDGMENT PETITION FOR PROTECTION ( Sections 38 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 (DYP) files a petition for protection concerning X, born on […], 2016. [ 2 ] The child is the fourth one of the family. The older children are Y, born on 2010 […], Z, born on 2011 […] and A, born on 2014 […].

All of those children have a follow up with the DYP because of the parent’s addictions problems and domestic violence between them. Y and A lived with their grandfather and Z lived with his aunt. [ 3 ] The mother is not stable. She moves from City A to City B and from City B to City A a lot.

She was living in City A since January 2015 and she moved back to City B on April 5 th , after her child was born. [ 4 ] When the child was born, he tested positive to the drug screening test in the hospital even if the mother said she was sober for three months. [ 5 ] The parent’s relationship is complicated: they brake up and than they get back together after a certain time. When they don’t live together, the father goes away without saying where he lives.

For now, they are living together. [ 6 ] In December 2015, when she was pregnant, the mother tried to commit suicide because she was told that the father was unfaithful. [ 7 ] The father went to a therapy at A Center for six weeks and the mother went for a healing session for four days.

She wants to go to a therapy like the father did. [ 8 ] The Court concludes that the child’s security and development are in danger under the law due to serious risk of negligence, mother’s mental health problems, instability and addiction problems for both parents. [ 9 ] MEASURES [ 10 ] The mother accepts the help given by the DYP and she gets involved to come out of her problems. [ 11 ] The mother shows that she is able to take care of her son and she agrees to get all the help she needs. The grandmother and the grandfather are close to the family and they help the parents.

The mother’s sister lives with her and can also help her. [ 12 ] The mother breastfeeds her child and all the family members help her to keep the child close to her. [ 13 ] The father has problems to get involved with the DYP but he has to see how important it is for him to do so.

[ 14 ] The measures suggested by the DYP are in the child’s best interest. THEREFORE, THE COURT : [ 15 ] GRANTS the petition; [ 16 ] DECLARES that the security and development of the child are in danger; [ 17 ] ENTRUSTS the child to his mother; [ 18 ] ORDERS that a social worker working for an institution on body provides aid, counselling and assistance to the child and his family; [ 19 ] ORDERS that child’s parents report periodically to the Director of Youth Protection on the measures they apply in their own regard to put an end to the situation in which the security or development of the child is in danger; [ 20 ] ORDERS to the child’s parents to take an active

part in the application of any measure ordered by the Court; [ 21 ] PROHIBITS to the parents the use of drug or alcohol or to be under the influence of either when the child is with them; [ 22 ] ALLOWS the professional working with the parents or the child to exchange information about the situation of the child; [ 23 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of this Court 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 cntre communautaire juridique A Lawyer for the child Me Marie-Josée Bernier jean-rock genest, avocats Lawyer for the mother Date of hearing: June 15 th , 2016