2016 QCCQ 6584, 2016 QCCQ 6584

Protection de la jeunesse — 162754 2016 QCCQ 6584 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 640-41-001911-152 DATE: May 5 th 2016 ______________________________________________________________________ PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on [...] 2011 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 A, Quebec, district A Mother and B , residing and domiciled in Town A, Quebec, district A Father ______________________________________________________________________ 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 decisions made on June 19 th 2015 concerning X. [ 2 ] The parents were present in Court on May 5 th 2016 in Town A.

They admitted most of the alleged facts and agreed that the measures proposed by the Director be ordered. [ 3 ] The child is four years old. She has been entrusted in a foster family for the past year. [ 4 ] The child was victim of physical abuse and serious neglect.

She is still having nightmares in her foster family. [ 5 ] The father was released from jail in November 2015 after a sentence of 258 days. [ 6 ] The parents have reunited soon after the father was released. [ 7 ] The parents still face personal issues concerning alcohol abuse and conjugal violence. [ 8 ] They did not search for help concerning these problems. [ 9 ] The mother has diminished her alcohol intake and collaborates with the social worker. She gave birth to another child on [...] 2016. [ 10 ] A reintegration of the child with the parents will be challenging for everyone but needs to be addressed.

The parents need to offer a full collaboration to the Director. FOR ALL THESE REASONS, THE COURT: [ 11 ] GRANTS the motion;

[ 12 ] DECLARES that the security and development of the child, X, are still in danger; [ 13 ] REVISES and EXTENDS the decisions rendered on June 19 th 2015; [ 14 ] ORDERS that the child be entrusted to a foster family chosen by the institution operating a child and youth protection centre; [ 15 ] ORDERS that the child be progressively reintegrated under her parents’ care when the situation allows it; [ 16 ] ORDERS that the parents take an active

part in the application of the measures; [ 17 ] ORDERS that the parents report in person at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 18 ] ORDERS that the child and the family receive the services of an external educator for the period deemed necessary by the professionals; [ 19 ] ORDERS that the parents remain sober in the presence of the child; [ 20 ] ORDERS that the parents remain without any violent behaviour in the presence of the child; [ 21 ] AUTHORIZES the Director of Youth Protection to conduct unannounced visits in the family household; [ 22 ] RECOMMENDS that the parents seek help through social services concerning their alcohol, drugs and personal issues; [ 23 ] 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; [ 24 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child, the family and the foster family; [ 25 ] ORDERS the police to collaborate to the execution of the enactment; [ 26 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection for the execution of the measures; [ 27 ] THE WHOLE until March 31 st 2017. __________________________________ JEAN GRAVEL, J.Q.C.

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