2019 QCCQ 15157, 2019 QCCQ 15157

Protection de la jeunesse — 1911747 2019 QCCQ 15157 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] “Youth Division” N° : 640-41-002364-195 640-41-002365-192 DATE : October 8, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2019 Y Born on […], 2013 and A B parent s ______________________________________________________________________ JUDGMENT

Section 38 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 8, 2019. [ 2 ] The Court is seized of applications presented by the Director of youth protection (DYP), requesting that the security and development of those children be declared in danger for neglect in terms of supervision for the children, for physical abuse and for psychological ill-treatment (

section 38 b) 1 iii, e) 1 and c), of the Youth Protection Act ), as expressed in the motion. [ 3 ] Consequently the DYP asks the Court to entrust the children to their mother at the exclusion of Mr B, as well as other measures to improve the situation. Question in litigation [ 4 ] Are the security and development of the children compromised? In the affirmative, do the recommended measures answer their needs and are they in their best interest? Context and Analysis [ 5 ] The proof reveals that DYP is involved with the family since 2014, for alcohol consumption and conjugal violence.

The parents recognised their issues. [ 6 ] The father have a problem with alcohol consumption as mother was unable to protect her children.

[ 7 ] The children witnessed domestic violence between their mother and Mr B. [ 8 ] The mother would like the father to stop drinking and will accept the father to come back home if he really stops drinking. [ 9 ] The maternal grandmother is very involved in the situation and helps a lot with the children.

The father has a follow-up while being incarcerated. [ 10 ] 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 children are still in danger and that the measures suggested meet their needs and deemed to be in their best interest. THEREFORE AND FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the application; [ 12 ] DECLARES the security and development of the children, Y AND X are compromised under

section 38 b) (1)(iii), 38

c) and 38 e)(1); [ 13 ] ORDERS that the children remain with the mother, with the exclusion of the father as long as the situation requires it; [ 14 ] ORDERS that the parents report periodically to the director on the measures they apply in their own regard or in their children’s regard to put an end to the situation in which the security and development of the children are in danger; [ 15 ] ORDERS that the child and the child’s parents undertake to take an active

part in the application of the measures designed to put an end to the situation in which the security or development of the children is in danger; [ 16 ] ORDERS that the parents report in person, at regular intervals, to the director to inform her of the current situation; [ 17 ] ORDERS that the mother and Mr. B or any adult remain sober and refrain from any violent behavior in the presence of the children; [ 18 ] ORDERS that the mother and Mr.

B to cooperate fully with Youth Protection and that they seek help through the Social Services concerning their personal issues; [ 19 ] ORDERS that the Director be authorized to access the information regarding the mother and Mr. B’s presence at their appointments and their level of involvement in the services provided; [ 20 ] ORDERS that the contacts between the children and Mr.

B be determined by the Director as for the modalities, duration, frequency and degree of supervision; [ 21 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family; [ 22 ] ENTRUSTS the situation of the child to the DYP who shall then see that the measures are carried out; [ 23 ] ORDERS the execution of the present decision by any peace officer. THE WHOLE until October 30, 2020. ___________________________________ Dominique Wilhelmy, J.C.Q.

Signed on Mtre Karianne Asselin Counsel for the Director of Youth Protection Mtre Laurence Migué Counsel for the children Mtre Angèle Tomassel Counsel for the mother