2019 QCCQ 17406, 2019 QCCQ 17406

Protection de la jeunesse — 198926 2019 QCCQ 17406 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division File number : 140-41-000584-191 DATE: December 3, 2019 ______________________________________________________________________ BY THE HONOURABLE DENIS PARADIS, C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION , Petitioner -and- X born on [...], 2018 Child -and- A B Parents ______________________________________________________________________ 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 ] A petition for revision and extension in respect of X, born on [...], 2018, is referred to the court by the director of youth protection pursuant to

section 95 of the Youth Protection Act. The last order rendered on April 16, 2019. [ 2 ] In substance, the director of youth protection requires that the child be entrusted to her parents. [ 3 ] At the hearing, the parents, Mrs A and B are present, assisted by their lawyer. A counsel represents the child. Psychosocial assessment and the complementary psychosocial assessment submitted for the testimony of their author Mrs [Social Worker 1] and [Social Worker 2]. [ 4 ] Finally, the parties agree with the recommendations of the petitioner.

THE EVIDENCE [ 5 ] On April 16 th , 2019, our colleague Mrs Justice Almeida declared that the security and development of X are considered to be in danger according to sections 38 e) 2 and 38

c) of the Youth Protection Act. [ 6 ] X has one year old. She has two sisters, Y and Z. She’s been exposed at the domestic violence and violent conflict between her parents. Despite this conflict, Mrs A and Mr B are still a couple and they would live together again. [ 7 ] Mr B has a follow-up at the [organism A] with Mrs Monelle Grenier, for his anger management. The parents admit that they have still conflict but are less important than before. [ 8 ] Mrs [Social Worker 1] wrote at her report : “ In the last four months every contact went well. We considered that supervised visits were no longer necessary; we then decide to start

semi supervised visits. We’ve also made surprised visit, to make sure that the parents respected the conditions. Every time, they have [1] . ” [ 9 ] During the visits, Mrs [Social Worker 1] notes that : “ The child has a good relationship with her parents. [ … ] Every visit we have made, the parents respond to the needs of the child and they are giving her all attention she needs [2] . ” [ 10 ] The whole evidence, the consent and the admissions of the parties, and the interest of the child lead the court to grant the motion.

WHEREFORE, THE COURT : [ 11 ] GRANTS the petition for revision and extension order; [ 12 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 13 ] REVISES and EXTENDS the court order rendered on April 16 th , 2019, in the present file; [ 14 ] ORDERS that the child be entrusted to her parents; [ 15 ] ORDERS that the parents report to the DYP as required on the measures they apply to themselves or to their child to end the situation that endangers the security and development of the child; [ 16 ] ORDERS that the parents participate actively in the measures ordered to put an end to the situation that endangers the security and development of the child; [ 17 ] RECOMMANDS that the mother implicate herself in personal services required by her situation; [ 18 ] RECOMMANDS that the father implicate himself in personal services required by his situation, such as services regarding anger management; [ 19 ] ORDERS that the parents avoid exposing her child to any kind of violence; [ 20 ] ENTRUSTS that a person working for an establishment provide aid, counsel and assistance to X and her family until September 30 th 2019; [ 21 ] ENTRUSTS the situation of X to the Director of Youth Protection of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment; [ 22 ] ORDERS to individuals covered by this order to comply. __________________________________ DENIS PARADIS, J.C.Q.

Me Myriam Dufresne for the petitioner Me Richard Jeannotte for the child Me Mylène Murray for the parents Date of hearing: December 3 rd , 2019