2015 QCCQ 10151, 2015 QCCQ 10151

Protection de la jeunesse — 151486 2015 QCCQ 10151 JA0940 QUEBEC COURT Youth Division Canada PROVINCE OF QUÉBEC DISTRICT OF [...] N° : 525-41-029195-146 DATE : February 24, 2015 ______________________________________________________________________ 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 (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 February 24 th , 2015. [ 2 ] The Director of Youth Protection (the Director) seizes Court of the situation of the child alleging that the child exhibits serious behavioural disturbances and that he has been the victim of physical abuse at the hands of his mother. The Director is asking that the child remains entrusted to the care of his parents and that aid, counsel and assistance be provided for a period of one year. [ 3 ] The parents are not represented by attorney.

Both admitted essentially all the facts alleged in support of the motion although the mother denies having hurt the child. Both parents agree with the recommendations of the Director and confirm their willingness and commitment to work with the Director. [ 4 ] On behalf of the child, the child's attorney agrees with the recommendations of the Director. CONTEXT [ 5 ] The evidence reveals that the child exhibits difficult behaviours, both at the daycare and at home. Since the involvement of the

Family Preservation worker, improvements have been noted. [ 6 ] The parents seem to understand that there is a need for them to change their methods of disciplining the child. They agree to refrain from using any means of physical discipline and show a willingness to learn other ways to structure and discipline their son.

They also need to learn to discuss appropriately, and in the absence of the child, the disagreements that they may have regarding ways to discipline the child. [ 7 ] Of consern also is the description given by the mother of a serious incident of conjugal violence that likely took place during the summer of 2013.

The father acknowledges that the incident took place and seems to understand that such behaviour cannot be tolerated. [ 8 ] The Court invites both parents to take advantage of the services and help offered by the Director not only to address their differences of opinion regarding the methods of discipline to be used for the child but also their issues and difficulties as a couple. [ 9 ] Considering the willingness and commitment of the parents to work with the Director, the Court is satisfied that the recommendations made by Director meet the needs of the child and are in his best interest.

AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 10 ] DECLARES that the security and the development of the child are compromised; 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 ] ORDERS that the child be entrusted to the care of his parents; [ 12 ] RECOMMENDS to the parents to seek supportive services to address their personal issues and couple relationship; [ 13 ] ORDERS the parents to continue to collaborate with the Director of Youth Protection and to participate with all the measures that are court ordered; [ 14 ] ORDERS that aid, counsel and assistance be provided to the child and his parents for a period of one (1) year; [ 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 Myriam De Blois Attorney for the Director of Youth Protection Me Louise Denault Attorney for the child Date of hearing : February 24 th , 2015 MA/il