2016 QCCQ 4935, 2016 QCCQ 4935

Protection de la jeunesse — 162981 2016 QCCQ 4935 JO0374 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] Youth Division No: 525-41-030596-159 DATE : May 16, 2016 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X Born [...], 2015 Director of Youth Protection A Applicant A Father B Mother ______________________________________________________________________ JUDGMENT (Section 38, Y.P.A.) ______________________________________________________________________ WARNING : Within the framework of the Youth Protection Act, no person may publish or broadcast information allowing 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 (Y.P.A. sections 11.2.2 and 135). [ 1 ] The Director of Youth Protection, (the Director), is asking the Court to discontinue proceedings after the Court declared that the security or development of the children is endangered. [ 2 ] The children are currently in the care of their paternal grandmother in [Province A] where she was assessed and approved for their entrustment. [ 3 ] Considering that the parents have recently moved to [Province A], from where they originate, the Director cooperated with Family and Children’s Services A to process a transfer of the file. [ 4 ] The parents admit the majority of the allegations as well as the state of endangerment and consent to the transfer of the file, as does the children’s lawyer.

The situation [ 5 ] The evidence reveals that the family is known to [Province A] social services. In effect, the parents have had difficulty caring for their young children and have made poor decisions regarding their supervision. [ 6 ] On one occasion, they entrusted the children to the care of an extended family member who left them unsupervised. [ 7 ] On another occasion, the children were exposed to a violent altercation involving the father and a houseguest who was known to have a drinking problem. [ 8 ] The home is described as being in disarray, messy and smelling of marihuana.

The parents appear to lead a chaotic and disorganized lifestyle. Drug and alcohol consumption in the home are serious concerns. [ 9 ] Furthermore, the parents often lack transparency with the caseworker, fail to report relevant information and can be difficult to reach at times. [ 10 ] Considering the age of the children and their vulnerability, considering that the parents admit the allegations, the Court declared

on January 19, 2016 that the security and development of the children are in danger in accordance with

section 38 of the Youth Protection Act . [ 11 ] Since then, the Director has successfully transferred the file and none of the family members remain within this Court’s jurisdiction. [ 12 ] TAKING JUDICIAL NOTICE of the fact that the children have been relocated to [Province A]; [ 13 ] TAKING JUDICIAL NOTICE that the parents have also relocated to [Province A]; [ 14 ] TAKING JUDICIAL NOTICE of the fact that the file has been transferred to Family and Children’s Services A . [ 15 ] THE COURT: [ 16 ] DISCONTINUES the proceedings before the Court.

SIGNED IN TOWN A On June 2, 2016 __________________________________ KAREN OHAYON, J.C.Q. Me Edith Zavodni Attorney for the D.Y.P. Me Michèle Robidoux Attorney for the children Date of hearing: January 19, April 14 and May 16, 2016 KO/lf