2016 QCCQ 6585, 2016 QCCQ 6585

Protection de la jeunesse — 162755 2016 QCCQ 6585 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 640-41-001917-159 640-41-001918-157 DATE: May 6 th 2016 ______________________________________________________________________ PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on [...] 2012 Y, born on [...] 2009 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 Biological mother for X and B , residing and domiciled in Town A , Quebec, district A Biological father for X and C, residing and domiciled in Town A, Quebec, district A Adoptive mother for X and mother for Y and D , residing and domiciled in Town A , Quebec, district A Adoptive father for X and father for Y ______________________________________________________________________ JUDGMENT (

Section 95 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 last decisions made on October 14 th 2015 concerning X and Y. [ 2 ] The parents were present in Court on May 6 th 2016 in Town A.

They admitted most of the alleged facts and agreed that the conclusions contained in the motions be ordered. [ 3 ] The mother has made positive changes in her life. She has two part-time jobs. She lives with her own grandmother, Ms E to whom her son Y was entrusted. [ 4 ] The mother realized that her alcohol was a problem. She can honestly discuss this issue with her social worker and has found ways to reduce her alcohol intake.

[ 5 ] She is ready to take care of Y as she has lived with him for the last months helping her grandmother to respond to her child’s daily needs. [ 6 ] X has found a stable environment in foster care. She still has a very good bound with her mother. A gradual reinsertion will take place. [ 7 ] The father has been detained on some occasions. It has been difficult for the social worker to maintain communication with him. [ 8 ] The mother has decided not to live with the father anymore.

FOR ALL THESE REASONS, THE COURT: [ 9 ] GRANTS the motion; [ 10 ] DECLARES that the security and development of the children, X and Y, are still in danger; [ 11 ] REVISES and EXTENDS the decisions made on October 14 th 2015; [ 12 ] ORDERS that the child, Y remain with the mother; [ 13 ] ORDERS that the child, X be entrusted to a foster family with a progressive reintegration in the mother’s care if the situation allow it; [ 14 ] ORDERS that the parents take an active

part in the application of the measures; [ 15 ] ORDERS that the parents report in person at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 16 ] ORDERS that the parents remain sober in the presence of the children; [ 17 ] ORDERS that the parents remain without any violent behaviour in the presence of the children; [ 18 ] RECOMMENDS that the parents seek help through social services concerning their alcohol and personal issues; [ 19 ] ORDERS that the contacts between the children and the father be determined by the Director of Youth Protection as to the modalities, the frequency and the degree of supervision; [ 20 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the children and the family; [ 21 ] ORDERS the police to collaborate to the execution of the enactment; [ 22 ] ENTRUSTS the situation of the children, X and Y, to the Director of Youth Protection for the execution of the measures; [ 23 ] THE WHOLE until February 28 th 2017. __________________________________ JEAN GRAVEL, J.Q.C.

Mtre Donald Bourget, Attorney for the applicant Mtre Yan Massé, Attorney for the children Mtre Angèle Tommasel, Attorney for the mother Mtre Marie-Claude De Gagné, Attorney for the father