2019 QCCQ 15188, 2019 QCCQ 15188

Protection de la jeunesse — 1911722 2019 QCCQ 15188 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] “Youth Division” N° : 640-41-001929-154 DATE : October 9, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2004 and A and 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.). Introduction [ 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 October 9, 2019. [ 2 ] The court is seized of an application for revision presented by the Director of youth protection (DYP) of a decision rendered on August 22, 2018, requesting that the security and development of the child be declared still in danger as expressed in the motion. [ 3 ] Consequently DYP asks the Court to reintegrate the child to the care of her father, as well as other measures to resolve the situation.

Question in litigation [ 4 ] Are the security and development of the child still compromised? In the affirmati-ve, do the recommended measures answer her needs and are they in her best interest? Context and Analysis [ 5 ] The proof reveals that the return of X at her father’s place is positive for her, and her father wants her to be back home with him. [ 6 ] The mother still struggle with her alcohol consumption, and she prioritizes her need for alcohol over her need to take care of her daughter. [ 7 ] The father wants to act as a responsible parents and he has the capacity to do so.

With the support of DYP and of an external educator, the reintegration will be a success.

[ 8 ] After taking into consideration the documentary evidence, the testimonies and the position of the parties, the Court finds that the evidence is sufficient to declare that security and development of the child are still in danger and that the measures suggested meet his needs and deemed to be in his best interest.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 9 ] GRANTS the application; [ 10 ] DECLARES that the security and development of the child are still compromised; [ 11 ] ORDERS that the youth reintegrate the care of her father; [ 12 ] ORDERS that the contact between the child and the mother be determined by the Director of Youth Protection with regard to the terms and degree of supervision; [ 13 ] ORDERS that the parents to remains sober and without any violent behaviour, in the presence of the child; [ 14 ] ORDERS that the child and the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 15 ] ORDERS that the child attends school or another place if learning or participates in a program geared to developing skills and autonomy; [ 16 ] ORDERS the parents to seek help through the Social services concerning their parental capacity; [ 17 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the youth, the youth’s family and the foster family; [ 18 ] ENTRUSTS the situation of the child to the DYP who shall then see that the measures are carried out; THE WHOLE until August 30, 2020. ___________________________________ Dominique Wilhelmy, J.C.Q.

Signed on Mtre Robert André Adam Counsel for the Director of Youth Protection Mtre Éliane Villemur Counsel for the child Mtre Angèle Tommasel Counsel for the parents Date of hearing: August 21, 2019