2019 QCCQ 15135, 2019 QCCQ 15135

Protection de la jeunesse — 1911741 2019 QCCQ 15135 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” N° : 640-41-002334-198 640-41-002337-191 640-41-002336-193 640-41-002338-199 640-41-002335-195 DATE : October 10, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2006 Y Born on [...], 2011 Z Born on [...], 2009 A Born on [...], 2017 B Born on [...], 2008 and C D 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 10, 2019. [ 2 ] The Court is seized of an application presented by the Director of youth protection (DYP), requesting that the security and development of those children be declared in danger for psychological ill-treatment by exposure to domestic violence caused by the father, and educational neglect in the parental environment (

section 38

c) and b) 1 iii, of the Youth Protection Act ), as expressed in the motion.

[ 3 ] Consequently the Director asks the Court to entrust the children to their parents, 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 between November 2018 and April 2019, the children were exposed to conjugal violence. [ 6 ] The parents did not seek help regarding their alcohol and conjugal violence issues. [ 7 ] DYP was not able to assess the level of development of the children and the parents never signed the authorisation to obtain information from the school authorities.

It was also difficult to evaluate the parental capacities of the parents as they did not collaborate fully with the DYP’s worker. [ 8 ] All we know for sure is that mother is a victim of conjugal violence, and her parental skills must be impacted by this situation. [ 9 ] It is not certain that the parents understand the impacts and consequences of their behaviour on their five children. [ 10 ] The situation of the children remains worrisome and DYP’s presence in the family is necessary. [ 11 ] 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 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: [ 12 ] GRANTS the application; [ 13 ] Declares that the security and development of B, Z, Y, X and A are compromised under 38 b) 1) iii) and

c) of the Youth Protection Act ; [ 14 ] ORDERS that the children be entrusted to their parents; [ 15 ] ORDERS that the children’s parents report periodically to the DYP 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 or development of the children is in danger; [ 16 ] ORDERS that children’s parents takes an active

part in the application of any of the measures ordered by the court; [ 17 ] ORDERS that children or the children’s parent report in person, at regular intervals, to the director to inform her of the current situation; [ 18 ] ORDERS that parents remains sober and without any violent behaviour, in the presence of the children; [ 19 ] ORDERS that mother seek help through the Social Services concerning her personal issues as well as her alcohol issues; [ 20 ] ORDERS that father seek help through the Social Services concerning his anger management; [ 21 ] ORDERS that person working for an institution or body provide aid, counselling or assistance to the children and the children’s family; [ 22 ] ENTRUSTS the situation of the children 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 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 children Mtre Angèle Tommasel

Counsel for the father Mtre Laurence Migué For the mother