2016 QCCQ 3503, 2016 QCCQ 3503

Protection de la jeunesse — 162045 2016 QCCQ 3503 JA0940 QUEBEC COURT Youth Division Canada PROVINCE OF QUÉBEC DISTRICT OF [...] N° : 525-41-029195-146 DATE : April 14, 2016 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X born on [...], 2010 THE DIRECTOR OF YOUTH PROTECTION Applicant and A , mother B , father Respondents ______________________________________________________________________ JUDGMENT (FAST TRACK) (Section 95 of the Youth Protection Act ) ______________________________________________________________________ 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 ] As required under

Section 90 of the Youth Protection Act, the present judgment confirms in writing the decision rendered orally at the hearing held on April 14. [ 2 ] The Director of Youth Protection (the Director) is seizing Court of a motion for revision and extension of a decision rendered by the undersigned on February 24 th , 2015.

The Director is asking that the child remain entrusted to the care of his parents and that the youth protection intervention be continued for a period of six months. [ 3 ] CONSIDERING that the parties have agreed to proceed "without a hearing", as per section 95(3) of the Youth Protection Act. [ 4 ] CONSIDERING that the legal requirements have been duly respected. [ 5 ] CONSIDERING that the Court accepts to proceed without a hearing. [ 6 ] CONSIDERING , from the documentary evidence, that the parties admit the allegations of the motion for revision and extension and agree with the conclusions sought by the Director. [ 7 ] CONSIDERING that the child has been diagnosed with oppositional defiant disorder with disturbance of conduct and attention deficit and hyperactivity disorder (ADHD).

[ 8 ] CONSIDERING that the parents admit to having limited knowledge of the child's condition. [ 9 ] CONSIDERING that the parents recognize their difficulties understanding the child's condition and accessing services required to meet the child's needs. [ 10 ] CONSIDERING that the proposed measures meet the needs of the child and are in his best interest.

AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 11 ] DECLARES that the security and the development of the child are still compromised; [ 12 ] AND, BY VIRTUE OF AND PURSUANT TO THE POWERS GRANTED UNDER SECTIONS 91 AND 91.1 OF THE YOUTH PROTECTION ACT, THE COURT ORDERS THE FOLLOWING MEASURES: [ 13 ] ENTRUSTS the child to the care of his parents; [ 14 ] ORDERS the parents to collaborate with the Director of Youth Protection, workers and community services offered to the child; [ 15 ] RECOMMENDS that the parents refrain from using any physical means of discipline; [ 16 ] RECOMMENDS that the parents follow through with the recommendations and treatment plan formulated by the Child Psychiatry professionals from the Jewish General Hospital; [ 17 ] ORDERS that aid, counsel and assistance be provided to the child and his parents for a period of six (6) months; [ 18 ] ENTRUSTS the situation of the child to the Director of Youth Protection A, who shall then see that the measures are carried out. _________________________________ MARIE ARCHAMBAULT, J.C.Q.

Me Marie-Josée Paiment Attorney for the Director of Youth Protection Me François Pelletier for Me Louise Denault Attorney for the child Date of hearing : April 14 th , 2016