2016 QCCQ 6595, 2016 QCCQ 6595

Protection de la jeunesse — 162765 2016 QCCQ 6595 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 640-41-001982-161 640-41-001983-169 DATE: April 13 th 2016 PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C.

IN THE MATTER OF: X, born on [...] 2003 Y, born on [...] 2010 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 38 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 submits that the security and development of the children, X and Y, are in danger. [ 2 ] X is 12 years old and Y is 5. [ 3 ] The parents were present in Court on April 13 th 2016. X has spoken to her lawyer.

The parents and the children are represented by lawyers. [ 4 ] X and her parents admit most of the alleged facts and agree that the measures proposed by the Director be ordered. [ 5 ] The parents have shown behaviours of alcohol abuse and conjugal violence in December 2015 and in January 2016.

The police had to intervene. [ 6 ] On February 5 th 2016, X declared that her mother had physically abused her on several occasions. [ 7 ] The parents deny the physical abuse and pretend that the child is lying because she was born premature. [ 8 ] X was scared to return home and was entrusted to foster care on February 5 th 2016. [ 9 ] The mother was reluctant to discuss with the social worker. The father is more collaborative.

[ 10 ] The Director has been involved in the family for many years. The Director had received other reports regarding physical abuse by the mother on X. [ 11 ] X wants to go back home. She is aware of the situation and mature enough to ask for help if needed.

FOR ALL THESE REASONS COURT: [ 12 ] GRANTS the motion; [ 13 ] DECLARES that the security and development of the children, X and Y, are in danger in virtue of Sections 38 e) 1) and 38 b) 2) for X and Sections 38 e) 2) and 38 b) 2 for Y; [ 14 ] ORDERS that the children remain with the parents; [ 15 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in the children’s regard to put an end to the situation of compromission; [ 16 ] ORDERS that the parents take an active

part in the application of the measures; [ 17 ] ORDERS that the parents remain sober in the presence of the children; [ 18 ] ORDERS that the parents remain without any violent behaviour in the presence of the children; [ 19 ] RECOMMENDS that the parents seek help through social services concerning their alcohol and personal issues; [ 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 April 30 th 2017. __________________________________ JEAN GRAVEL, J.Q.C.

Mtre Donald Bourget, Attorney for the applicant Mtre Cassandra Neptune, Attorney for the children Mtre Marie-Claude De Gagné, Attorney for the parents