2019 QCCQ 19316, 2019 QCCQ 19316

Protection de la jeunesse — 198132 2019 QCCQ 19316 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] “Youth Division” No: 635-41- 000706-165 DATE: September 26, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2015 child and A B parents ______________________________________________________________________ JUDGMENT

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on September 26, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend the order rendered by the Honourable Marc Ouimette on March 20, 2019. [ 3 ] Today, the Director recommends that support measures be provided until March 30, 2020. [ 4 ] The parents agree with the Director’s plan. [ 5 ] The child’s attorney also agrees with the plan and recommends to add a support measure.

Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 7 ] The child remained entrusted to her parents’ care. She attends Daycare A. As the mother is not regular in bringing the child to the daycare, her place was at risk at one point, but this is not the case anymore. [ 8 ] Due to an assault against the mother earlier this year, the father has a criminal condition not to be in contact with her. He moved in with the paternal grandmother.

The parents still considers themselves as in a relationship. [ 9 ] The Youth Protection worker received information to the effect that the father still sometimes sleeps at the family home. Doing this, he contravenes to his criminal conditions and creates a risk for further incidents of conjugal violence. [ 10 ] On May 10, 2019, the mother was arrested for breaching her conditional sentence. She did not have a copy of her conditional

sentence and did not abstain from consuming alcohol. During the police intervention, she expressed suicidal ideations. [ 11 ] The mother reported still consuming alcohol approximately once per month. The father also acknowledged that excessive alcohol consumption remained a problem for him. [ 12 ] The mother wishes to enter the A Program at Rehabilitation Centre A. She is waiting for a place to be available for her. [ 13 ] The parents are understanding the Youth Protection’s goal and actively collaborate with the Youth Protection worker. They welcome the Director’s support.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 14 ] GRANTS the application for extension; [ 15 ] DECLARES that the security or the development of the child is still endangered; [ 16 ] REVISES the order rendered on March 20, 2019; [ 17 ] ENTRUSTS the child remain to the parents; [ 18 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in their child’s regards to put an end to the situation of compromission; [ 19 ] ORDERS that the parents take an active

part in the application of the measures ordered; [ 20 ] ORDERS that the parents refrain from exposing the child to any forms of violence or aggression; [ 21 ] ORDERS that the parents remain sober in the presence of the child; [ 22 ] RECOMMENDS that the parents seek help through the Social Services or any other community services in order to continue to work on their sobriety; [ 23 ] RECOMMENDS that the parents seek help through the Social Services regarding their conflictual relationship; [ 24 ] RECOMMENDS , if the mother attends the A Program at Center A, that contacts between the child and her father be encouraged; [ 25 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 26 ] THE WHOLE until March 30, 2020; [ 27 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on October 31, 2019 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mrs. Laurence Migué Counsel for the child Mtre Nada Boumeftha Counsel for the mother Mtre Angèle Tommasel Counsel for the father Date of hearing: September 26, 2019