2016 QCCQ 16904, 2016 QCCQ 16904

Protection de la jeunesse — 167813 2016 QCCQ 16904 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT [...] TOWN [...] Youth Division No.: 640-41-001965-166 DATE: December 2, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2007 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A, Quebec, District A Applicant and MRS A, residing and domiciled in Town A, Quebec, District A Mother and MR B, residing and domiciled in Town A, Quebec, District A Father ______________________________________________________________________ JUDGMENT (Sections 95 (par. 1) and 75 Y.P.A., 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 delegate of the Director of Youth Protection of the A C.Y.P.C. asks the Court to review the decision rendered on March 17, 2016 by Honourable Jean Gravel concerning the situation of X, born on […], 2007. [ 2 ] The Director of Youth Protection asks that the child remain with his parents on specific conditions such as regular attendance at school, services of an external educator, social follow-up provided, collaboration of the parents, etc. [ 3 ] At the hearing, the parents are present assisted by Me Angèle Tommasel (mother) and Me Cassandra Neptune (father).

Me Marie-Claude De Gagné represents the child and Me Aubrée Coutanson, the applicant. [ 4 ] The evidence of the new facts is made of the parent’s admissions, the testimony of the social worker and her revision report. [ 5 ] It is proved beyond balance of probabilities that since the last Court hearing, the child remained with his maternal grandfather.

During the placement, the child often went back to his parents’ place without telling the Director of Youth Protection. [ 6 ] The youth’s behaviour improved as he is doing better in school, but he still has difficulties to obey the rules and to socialise with peers. [ 7 ] Concerning the parents’ situation, they still have conjugal violence and alcohol related issues. On three occasions, the police had to intervene.

The mother regrets having used unacceptable disciplinary action towards the child and stated that she will not use these methods again. [ 8 ] The parents, even if they were not collaborating regularly, now offer a better collaboration. [ 9 ] The father was present at school to follow the child’s evolution.

He is also more welcoming towards the social worker. [ 10 ] Considering that the parents are more collaborative and accept the counselling and all the services offered; [ 11 ] Considering that the child is regularly at his parents’ house even when entrusted to his grandfather; [ 12 ] Considering that the conjugal violence and drinking issues are less frequent; FOR THESE MOTIVES, THE COURT: [ 13 ] GRANTS the motion;

[ 14 ] DECLARES that the security and development of X are still in danger; [ 15 ] REMAINS the child X with his parents; [ 16 ] ORDERS that the child attend school regularly and meet the social worker as requested; [ 17 ] ORDERS the parents to remain sober and no violent behaviour in presence of the child; [ 18 ] ORDERS the Director of Youth Protection to provide the services of an external educator; [ 19 ] AUTHORIZES the Director of Youth Protection to have unannounced visits in the family household; [ 20 ] RECOMMENDS the parents to seek help through Social Services concerning their alcohol and personal issues (including violence); [ 21 ] ORDERS that the child receive specific health services including a psychological assessment and a follow-up if required; [ 22 ] ORDERS the police to collaborate in the execution of the present enactment; [ 23 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the child and the parents for a period of eight months; [ 24 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing this judgment. [ 25 ] THE WHOLE until June 12, 2017. __________________________________ DENYSE LEDUC, J.C.Q.

Me Aubrée Coutanson Attorney for the applicant Me Angèle Tommasel Attorney for the mother Me Cassandra Neptune Attorney for the father Me Marie-Claude De Gagné Attorney for the child Date of hearing: October 12, 2016