2019 QCCQ 15191, 2019 QCCQ 15191

Protection de la jeunesse — 1911725 2019 QCCQ 15191 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] “Youth Division” N° : 640-41-002017-165, 640-41-002018-163 640-41-002111-174 DATE : November 26, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION, applicant and X Born on […], 2012 Y Born on […], 2014 Z Born on […], 2016 and A Mother B Father of Z and Y ______________________________________________________________________ JUDGMENT

Section 95 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 applications for extension presented by the Director of youth protection (DYP) of a decision rendered on October 3, 2018, requesting that the security and development of the children be declared still in danger. [ 3 ] Consequently DYP asks the Court to entrust the children to a foster family, as well as other measures to resolve the situation. [ 4 ] The father and the mother are absent to the hearing.

Only X attended the Court. Question in litigation [ 5 ] Are the security and development of the children still compromised? In the affirmative, do the recommended measures answer their needs and are they in their best interest? Context and Analysis [ 6 ] The proof reveals that the children are doing well and all the parties agree to the recommendations. Y and X are placed together and they are happy of that situation.

[ 7 ] The parents have regular contacts with their children. [ 8 ] The parents have not been able to address their personal and conjugal issues since 2016. [ 9 ] After taking into consideration the documentary evidence, 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: [ 10 ] GRANTS the application; [ 11 ] DECLARES that the security and development of the children are still compromised; [ 12 ] REVISES the decision rendered on October 10, 2019; [ 13 ] ENTRUSTS the children to a foster family; [ 14 ] ORDERS that the contacts between the children and their parents be determined by the director as for the modalities, the frequency and the degree of supervision, and be held once a week as long as the parents behave correctly; [ 15 ] ORDERS the children and their parents to report periodically, in person, to the DYP to inform him of the current situation; [ 16 ] ORDERS the children and the parents to take an active

part in the application of the measures ordered by the tribunal; [ 17 ] ORDERS the parents to remain sober and without any violent behaviour in the presence of the children; [ 18 ] ORDERS the parents to seek help through the Social Services concerning their alcohol/drug/personal issues; [ 19 ] AUTHORIZES the DYP to access the information regarding the parents ’presence at appointments with professionals and their level of involvement in the services provided ; [ 20 ] AUTHORIZES the DYP to access to the personal occurrence history of the parents in regards to their conjugal and alcohol issues ; [ 21 ] ORDERS DYP and the parents to find a life plan for the children ; [ 22 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and their family; [ 23 ] ENTRUST the situation of the children to the DYP who shall then see that the measures are carried out; THE WHOLE , until May 31, 2020. ___________________________________ Dominique Wilhelmy, J.C.Q.

Signed on Mtre Adèle Cyr Counsel for the Director of Youth Protection Mtre Laurence Migué Counsel for the children Mtre Angèle Tommasel Counsel for the mother