2016 QCCQ 3506, 2016 QCCQ 3506

Protection de la jeunesse — 162048 2016 QCCQ 3506 JA0940 QUEBEC COURT Youth Division Canada PROVINCE OF QUÉBEC DISTRICT OF [...] N° : 525-41-030510-150 DATE : April 11, 2016 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X born on [...], 2013 THE DIRECTOR OF YOUTH PROTECTION Applicant and A , mother B , father Respondents ______________________________________________________________________ JUDGMENT (Section 38 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 11 th , 2016. [ 2 ] The Director of Youth Protection (the Director) seizes Court of the situation of the child alleging that her security and development are compromised due to psychological ill-treatment (as the child was exposed to conjugal violence).

The Director is asking that the child remain entrusted to the care of her mother and that youth protective measures be ordered for a period of eight months. [ 3 ] The father admits all the facts alleged in support of the motion. He is in agreement with the recommendations of the Director. [ 4 ] The mother admits essentially all the facts alleged in support of the motion and denies that she minimizes the risk and impact that the conjugal violence incidents have on the child.

The mother agrees with the recommendations of the Director. [ 5 ] After hearing the evidence, counsel for the child also agrees with the recommendations of the Director. CONTEXT

[ 6 ] The parents of the child separated in 2014. Currently, they have a positive relationship, having in mind the desire to co-parent the child effectively and provide her with the best care they can offer. [ 7 ] The mother admits that the child has been exposed to conjugal violence between herself and her ex-partner, Mr. C, in February and August 2015. [ 8 ] Although the mother initially denied the incident that occurred in August 2015 and minimized the impact of the conjugal violence on her child, she now acknowledges the need to receive professional help.

Her wish is to avoid finding herself in other abusive relationships as well as to protect the child. [ 9 ] Under the circumstances, the Director has established that the security and development of the child are compromised due to psychological ill-treatment as she has been exposed to conjugal violence. The recommendations of the Director meet the needs of the child and are in her best interest.

AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 10 ] DECLARES that the security and the development of the child are compromised due to psychological ill-treatment (child exposed to conjugal violence between the mother and her ex-partner, Mr.

C); 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: [ 11 ] ENTRUSTS the child to the care of her mother, noting that the child will have access to her father minimally as per the Superior Court order; [ 12 ] ORDERS both parents to collaborate with the Director of Youth Protection; [ 13 ] RECOMMENDS to the mother to engage in services to address her history of conjugal violence; [ 14 ] ORDERS that aid, counsel and assistance be provided to the child and her parents for a period of eight (8) months; [ 15 ] 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 Sym Davis Attorney for the Director of Youth Protection Me Sylvie Piriou Attorney for the child Me Judith Shapiro-Knight Attorney for the mother Date of hearing : April 11 th , 2016