r v. B, 2016 QCCQ 8789

Protection de la jeunesse — 163827 2016 QCCQ 8789 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division » No: 650-41-001981-113 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. B - and - C 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 files a petition for review and extension concerning X, born on [...], 2010, who is 6 years old. [ 2 ] The Director of Youth Protection is in X’s life since 2011. [ 3 ] She is the oldest child of B and C who are also the parents of Y, born on 2011, [...], Z, born on 2014, [...], and A, born on 2016, [...]. [ 4 ] On 2016, February 24 th , a Court order was given entrusting the child to her grandfather D for a period of three months with a progressive return to her mother. [ 5 ] Mr D lives in Town A.

In March, he took her to Town B for a visit and the family decided that the child would stay in Town B even if the Court order said that she was entrusted to her grandfather who lives in Town A. [ 6 ] The child in entrusted to her mother since April 8 th . [ 7 ] The parent’s relationship remains complicated. From January to April, the mother lived in Town A where she went to school.

She gave birth to A on [...] and decided to come back to Town B. [ 8 ] When the mother returned to the Community, she and the father decided to try to live together again. [ 9 ] The father went for a therapy at Mawiomi Center for his dugs and alcohol addiction. He came back to the Community on May 18 th when his therapy was over. [ 10 ] The mother went to a healing session for four days. She says she is sober since that therapy is over.

She wants to stop cannabis but she has problems with that and she takes it to sleep well. [ 11 ] The child goes to [School A] where she has good grades even if the changed school three times over the last school year. [ 12 ] The Court concludes that the child’s security and development remain in danger under the law due to serious risk of negligence. [ 13 ] MEASURES [ 14 ] The mother works really hard to change her way of living. The changes she made are new and she needs help to go on like she does.

[ 15 ] E, the grandmother helps her daughter when she needs it. She has a daughter who is of X’s age and both girls get along well and like to play together. [ 16 ] The father has problems getting involved with the DYP and he has to see how important it is for him to do so. He now says he wants to get involved and it is his responsibility. [ 17 ] X has a good relationship with her father and her mother. [ 18 ] The measures suggested by the DYP are in the child’s best interest and should be granted.

THEREFORE, THE COURT : [ 19 ] GRANTS the petition; [ 20 ] DECLARES that the security and development of the child are still in danger; [ 21 ] ENTRUSTS the child to her mother; [ 22 ] ORDERS that a person who is working for an institution or body provides aid, counselling and assistance to the child and her family; [ 23 ] ORDERS that the 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 and development of the child is in danger; [ 24 ] ORDERS that the child’s parents take an active

part in the application of any of the measures ordered by the Court; [ 25 ] PROHIBITS to the parents to use drug or alcohol or to be under the influence of either in front of the child; [ 26 ] ALLOWS the professional working with the parents or the child to exchange information about the situation; [ 27 ] 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 mother Date of hearing: June 15 th , 2016