2019 QCCQ 11694, 2019 QCCQ 11694

Protection de la jeunesse — 192444 2019 QCCQ 11694 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 105-41-000473-182 DATE: March 26, 2019 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2005 Child and A and B Parents/Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 ] The child’s parents separated several years ago and they both remain involved in their children’s life through shared custody. [ 2 ] In the last few years, the situation of the child, his brother and their sister is reported to the director of youth protection (DYP) on multiple occasions.

Protective measures are applied, on a voluntary basis, in 2014, in regards with neglect and a risk of physical abuse. [ 3 ] Through the years, the family also benefits from a follow-up with a social worker as well as external education services. [ 4 ] The family has to cope with multiple challenges. [ 5 ] Despite receiving professional support, both parents still have a hard time insuring a stable and appropriate supervision to their children. It is difficult for the parents to put limits. [ 6 ] Moreover, the parents’ relationship remains highly conflictual. Money seems to play a big role in their conflict.

The parents argue and the children witness the situation. They suffer impacts from the situation. Furthermore, the conflicts involve the grandparents as well as both parents’ new spouses. [ 7 ] The child’s brother also shows serious behavioural disturbances. He is currently entrusted to a foster family, following a short stay into a rehabilitation center. [ 8 ] The mother and her spouse have a hard time applying appropriate discipline methods. On a few occasions, they used force against the children.

It seems difficult for them to understand it is not recommended. [ 9 ] The child is exposed to conflicts between his parents and other adults surrounding him. He is subjected to behaviour that could cause harm to him, on a regular basis. The evidence convinces the Court that the child therefore suffers psychological ill-treatment.

His security or development is considered to be in danger for that reason, pursuant to the youth protection act. [ 10 ] In regards with protective measures to put in place, the DYP notably suggests that the child remain with his parents, according to the shared custody judgment in force. All parties agree with that recommendation. The Court also believes that it is in the child’s best interest.

WHEREFORE, THE COURT: [ 11 ] GRANTS the application for protection; [ 12 ] DECLARES that the security and development of X are considered to be in danger according to

section 38c) of the youth protection act ; [ 13 ] ORDERS that the child be entrusted to his parents following the judgment rendered by the superior Court on [...], 2012; [ 14 ] RECOMMANDS that the parents submit themselves to an assessment of their parental capacities; [ 15 ] ORDERS that the child and his parents benefit from the services of an external educator as long as deemed necessary by the DYP; [ 16 ] ORDERS that the parents report periodically to the DYP on the measures they apply in their own regard and in their child's regard to put an end to the situation in which the security or development of the child is in danger; [ 17 ] ORDERS that the parents actively participate in the measures ordered; [ 18 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and his family until October 31, 2019; [ 19 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Isabelle Gagnon for the child Me Annie Dupuis for the mother Me Alexis Deschênes for the father Date of hearing: January 10 and March 26, 2019 Written judgment filed on March 27, 2019