2016 QCCQ 6582, 2016 QCCQ 6582

Protection de la jeunesse — 162752 2016 QCCQ 6582 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 640-41-001887-154 640-41-001789-145 DATE: April 11 th 2016 PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C.

IN THE MATTER OF: X, born on [...] 2005 Y, born on [...] 1999 Children [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A Applicant and A, residing and domiciled in Town A, Quebec, district A Mother and B , residing and domiciled in Town A, Quebec, district A Father JUDGMENT ( Sections 95 ( par. 1) and 75 , Youth Protection Act , R.S.Q. 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 asks the Court to review the decisions made on February 18 th 2015 concerning the children, X and Y. [ 2 ] The children and their parents were present in Court on April 11 th 2016 in Town B. [ 3 ] They admitted most of the alleged facts and agreed that the suggested measures be ordered by Court. [ 4 ] The father still has serious health problems which handicap his parental capacities. [ 5 ] X has demonstrated some behaviour difficulties.

She benefits from a tutorship at school and the mother supports the measures taken at school to help her child. [ 6 ] Y is 16 years old. She wants to stay in her foster family until her majority. She has regular contacts with her parents. [ 7 ] The family is doing their best but they still need the support of the Director. FOR ALL THESE REASONS COURT: [ 8 ] GRANTS the motion;

[ 9 ] DECLARES that the security and development of the children, X and Y, are still in danger; IN THE SITUATION OF THE CHILD, Y [ 10 ] REVISES and EXTENDS the decisions rendered on February 18 th 2015; [ 11 ] ORDERS that the child be entrusted to a foster family, namely that of Ms C and Mr D; [ 12 ] ORDERS that the child and the parents take an active

part in the application of the measures; [ 13 ] ORDERS that the child and the parents report in person at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 14 ] ORDERS that the parents remain sober and without violent behaviours in the presence of the child; [ 15 ] RECOMMENDS that the parents seek help through social services concerning their personal issues, notably anger management; [ 16 ] ORDERS that the contacts between the child and the parents be determined by the Director of Youth Protection as to the modalities, the frequency and the degree of supervision; [ 17 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and the family; [ 18 ] ORDERS the police to collaborate to the execution of the enactment; [ 19 ] ENTRUSTS the situation of the child, Y, to the Director of Youth Protection for the execution of the measures; [ 20 ] THE WHOLE until [...] 2017.

IN THE SITUATION OF THE CHILD, X [ 21 ] REVISES and EXTENDS the decisions rendered on February 18 th 2015; [ 22 ] ORDERS that the child remain with her adoptive parents; [ 23 ] ORDERS that the adoptive parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in the child’s regard to put an end to the situation of compromission; [ 24 ] ORDERS that the adoptive parents take an active

part in the application of the measures; [ 25 ] ORDERS that the child receive specific healthcare and health services, namely a psychological assessment; [ 26 ] ORDERS that the adoptive parents remain sober and without violent behaviours in the presence of the child; [ 27 ] RECOMMENDS that the adoptive parents seek help through social services concerning their personal issues; [ 28 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and the family; [ 29 ] ORDERS the police to collaborate to the execution of the enactment; [ 30 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection for the execution of the measures; [ 31 ] THE WHOLE until January 30 th 2017. __________________________________ JEAN GRAVEL, J.Q.C.

Mtre Donald Bourget, Attorney for the applicant Mtre Cassandra Neptune, Attorney for the children Mtre Angèle Tommasel, Attorney for the parents