2016 QCCQ 12724, 2016 QCCQ 12724

Protection de la jeunesse — 161377 2016 QCCQ 12724 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] «Youth Division» N°: 650-41-001981-113 DATE: February 24, 2016 IN THE PRESENCE OF THE HONOURABLE LOUISE GALLANT, J.C.Q. In the case of: X Respondent child And [SOCIAL WORKER 1] Person authorized by the Director of Youth Protection Petitioner And A Respondent Mother And B Respondent Father JUDGMENT 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 these provisions commits an offence and is liable to a fine (section 11.2, 11.2.1 and 135 YPA). [ 1 ] The Court hereby confirms et motivates in writing the decision rendered on the bench on February 24, 2016, on a Application for review and extension of the measures regarding X (5 ½ years old). [ 2 ] On June 25, 2015, the Court entrusted the custody of the child to her mother, with different measures to help them, and prohibited the parents to drink alcohol or to be under the influence of substances in the presence of their daughter. [ 3 ] The mother has been sober form alcohol and is trying to stop using cannabis.

The father has also been sober since 2015. [ 4 ] Their relationship is filled with break-ups and reconciliations, as well as spousal violence. [ 5 ] To get some help, the mother is participating inn support groups. She is living in the grandmother’s house with her two children. [ 6 ] On December 8, 2015, she was hospitalized after a suicide attempt following a conflict with the father. Blood tests revealed the presence of cannabis, which she admitted.

She mentioned that she didn’t really want to end her life. [ 7 ] No one has heard about the father since the mother’s hospitalization. [ 8 ] On December 10, 2015, a decision was rendered temporarily entrusting the child until December 15 to maternal grandmother. Another order entrusted the child to her great grandparents for 30 days. [ 9 ] On January 6, 2016, the child’s great grandfather, C, the maternal grandmother and the mother went to the Director of Youth Protection office to report the relocation of Mrs. A to Town A the next day.

They asked that the child be entrusted to the maternal great grandfather who lives in Town A to maintain the contacts with the mother. [ 10 ] On January 7, 2016, a 48-hour emergency measure was implemented to temporarily entrust X to her maternal grandfather, D. On January 11, she was entrusted to him by Court order. [ 11 ] On January 26, the grandfather and the mother have a dispute and the mother no longer wants her daughter to be entrusted to M.

D. As to the father, no one heard of him and he doesn’t enquire about his children. Moreover, he moved in the Town B area. [ 12 ] The mother went back to school and she taken a step to solve her personal problems.

Due to the conflict with the father, she moved into an apartment where she lives alone. [ 13 ] As to D, he is collaborating well with workers of the DYP and is making sure that his daughter’s needs are being met. [ 14 ] The Court concludes that the child’s security and development remain in danger under the law due to serious risks of negligence and exposure to bad treatments given her parents’ relationship. The application, to which the parties consent, is in her interest, and thus should be granted.

FOR THESES REASONS, THE COURT: GRANTS the present application; REVIEWS and EXTENDS the last order; DECLARES that the security and the development of the child remain in danger; ENTRUSTS the child to her grand-father D for a period of three months, with a progressive return to her mother; ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child and the child’s family for a period of twelve months; PROHIBITS the parents to use drugs or alcohol or to be under the influence of either in front of the child; ALLOWS the professionals working with the parents or the child to exchange information about the situation; ORDERS that the contacts between the child and the parents take place following an agreement with the Director of Youth Protection, and based on agreed upon terms and conditions; ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order. __________________________________ LOUISE GALLANT, J.C.Q.

M e Lyne Monger Avocate du Directeur de la protection de la jeunesse M e Pierre Paradis Avocate de l’enfant Date d’audience : 24 février 2016