r v. B, 2016 QCCQ 8673

Protection de la jeunesse — 163834 2016 QCCQ 8673 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division » No: 650-41-002621-163 DATE: June 15 th , 2016 BY THE HONOURABLE ANDRÉE ST-PIERRE, JCQ In the situation of : X Born on […], 2014 [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 PROTECTION ( Art. 38 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 protection concerning X, born on 2014, […], who will be 2 years old in September. [ 2 ] X has a sister and two brothers : Y, born on 2010, […], Z, born on 2011, […] and A, born on 2016, […]. [ 3 ] The child is entrusted to her grandfather, D, since 2016, January 20 th , when voluntary measures were signed. [ 4 ] Before those voluntary measures were signed, the child had been with her grandmother, than with her great grandfather. [ 5 ] A Court order providing professional measures was given on April 14 th , entrusting the child to her grandfather.

In May, the grandfather went hunting and left the child with her mother. He wanted to take her back to City A at the end of May and the Court order that the child be entrusted to her mother until June 15 th . [ 6 ] The parent’s relationship remains complicated. From January to April, the mother lived in City A where she went to school. She gave birth to A on […] and decided to come back to City B. [ 7 ] When the mother returned to the Community, she and the father decided to try to live together again. [ 8 ] The father went for a therapy at A Center for his dugs and alcohol addiction.

He came back to the Community on May 18 th when his therapy was over. [ 9 ] 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. [ 10 ] MEASURES [ 11 ] 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. [ 12 ] Both parents get lots of help from the grandmother and the great grandfather. [ 13 ] 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. [ 14 ] X has a good relationship with her father and her mother.

[ 15 ] The measures suggested by the DYP are in the child’s best interest and should be granted THEREFORE, THE COURT : [ 16 ] GRANTS the petition; [ 17 ] DECLARES that the security and development of the child are in danger; [ 18 ] ENTRUSTS the child to her mother; [ 19 ] ORDERS that a person who is working for an institution or body provides aid, counselling and assistance to the child and her family; [ 20 ] 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; [ 21 ] ORDERS that the child’s parents take an active

part in the application of any of the measure ordered by the Court; [ 22 ] PROHIBITS to the parents to use drug or alcohol or to be under the influence of either in front of the child; [ 23 ] ALLOWS the professional working with the parents or the child to exchange information about the situation; [ 24 ] 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