2016 QCCQ 6575, 2016 QCCQ 6575

Protection de la jeunesse — 162745 2016 QCCQ 6575 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 640-41-001798-146 DATE: April 12 th 2016 ______________________________________________________________________ PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on [...] 2007 Child [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 B , Quebec, district A Mother and B, presently detailed in the Detention Centre in Amos, Quebec, district of Abitibi Father ______________________________________________________________________ JUDGMENT ( Sections 95 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 November 12 th 2015 concerning X. [ 2 ] The child was entrusted to a specialized foster family according to the last court order.

The Director asks that the child remain in this specialized foster home to prepare his reintegration in a regular foster home. The child is 8 years old. [ 3 ] Both parents were present in court on April 12 th 2016. They admit some of the alleged facts and ask that the child be entrusted back to his mother. [ 4 ] The child admits some of the facts and says that he wants to come back in his community. [ 5 ] He has been entrusted to a specialized foster home for many months now.

He has made significant progress and would be ready to enter a regular foster home after the school year in June 2016. [ 6 ] The mother still has a problem with her alcohol intake. She has been more stable since the father has been detained in September 2015. [ 7 ] The father expects to be released soon. Both parents want to live together again. [ 8 ] It was suggested on many occasions to the mother to go for treatment. She had in mind to go to Portage.

She now says that she only wants to go hunting meaning that this would solve all her problems. [ 9 ] The parents were involved in a very disorganized lifestyle when they were living together. They were frequently abusing alcohol and fighting together. [ 10 ] The father faces many criminal charges including an assault on his son, X. He says that he is scheduled for trial in April 2016 and thinks that he will be released.

[ 11 ] The relation between the parents is still very significant.

The parents’ attitude in the Court room demonstrates clearly that they favour being in the presence of each other instead of concentrating on the issues discussed for their son. [ 12 ] The father wants to go back with his spouse after being detained since September 2015. [ 13 ] There has been an ongoing situation of alcohol abuse and conjugal violence between the parents in the last years. [ 14 ] The children’s situation (being followed by the social services for years) including X is intimately related to the parents’ lifestyle. [ 15 ] The parents want to live together.

They will need to prove, during a significant period of time, that they have adopted more adequate behaviours and skills which would allow them to exercise their parental role. [ 16 ] On his side, the child is struggling very hard. He was entrusted to a specialized foster home at a young age. He has made lots of progress. It was difficult for him to adapt to the structure of his reception centre. Since December 2015, he has made progress which will allow him to integrate a regular foster home in the coming weeks.

FOR ALL THESE REASONS, THE COURT: [ 17 ] GRANTS the motion; [ 18 ] DECLARES that the security and development of the child, X, are still in danger; [ 19 ] REVISES and EXTENDS the decision rendered on November 12 th 2015; [ 20 ] ORDERS that the child be entrusted to an institution operating a rehabilitation centre chosen by the institution operating a child and youth protection centre, the latest until June 20 th 2016; [ 21 ] ORDERS a progressive integration of the child in a foster family beginning April 12 th 2016 until June 20 th 2016; [ 22 ] ORDERS that afterwards, the child be entrusted to a foster family until September 30 th 2016; [ 23 ] ORDERS that the child and the parents take an active

part in the application of the measures; [ 24 ] ORDERS that the parents report in person at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 25 ] ORDERS that the child, the family and the foster family receive the services of an external educator for the period deemed necessary by the professionals; [ 26 ] ORDERS that the parents remain sober in the presence of the child; [ 27 ] ORDERS that the parents remain without any violent behaviour in the presence of the child; [ 28 ] RECOMMENDS that the parents seek help through social services concerning their alcohol and personal issues; [ 29 ] 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; [ 30 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and the family; [ 31 ] ORDERS the police to collaborate to the execution of the enactment; [ 32 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection for the execution of the measures; [ 33 ] THE WHOLE until September 30 th 2016. __________________________________ JEAN GRAVEL, J.Q.C.

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