2018 QCCQ 14880, 2018 QCCQ 14880

Protection de la jeunesse — 185462 2018 QCCQ 14880 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 640-41-002094-172 DATE: July 9, 2018 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2006 [SOCIAL WORKER 1] , Youth Protection worker, duly authorized by the Director of Youth Protection of A Applicant and A , domiciled and residing at […] Mother and B , domiciled and residing at […] Father ______________________________________________________________________ JUDGMENT (sections 95(2) and 75 of the Youth Protection Act ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of information allowing for a child or the child’s parents to be identified.

Every person who contravenes this provision is guilty of an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A .). [ 1 ] After a motion under s. 95 of the Youth Protection Act was filed asking the Court to extend and review the situation of X, born on […], 2006, , the parties submitted to the Court a draft agreement on measures to put an end to the situation endangering the security and development of the child . [ 2 ] The child was represented by a lawyer. [ 3 ] The draft agreement states that the consent of the parties was given in a free and enlightened manner.

The validity of the consent was confirmed at the hearing.

They acknowledge the facts that endanger the security and development of the child, and the draft detailed these facts : 2.1 The child is the subject of unreasonable methods upbringing by the parents; 2.2 The child disclosed that the last time she was victim of physical abuse from the part of the parents was at the beginning of the year 2018; 2.3 The child disclosed that sometimes she was scared of the mother; 2.4 The child has crisis at school and, when it happens, she asked not to call the parents as she disclosed they will get violent towards her; 2.5 The parents display conjugal violence issues; 2.6 On several occasions, the child witnessed domestic violence between the parents; 2.7 On April 21, 2018 and on May 1, 2018, the police had to intervene with the parents regarding events of conjugal violence; 2.8 The parents did not seek help with the Social Services regarding their personal issues; 2.9 The parents have a large family network in the community; 2.10 The collaboration of the parents with the Youth Protection is regular; [ 4 ] To put an end to the situation of endangerment of the child’s security or development, the parties agree on the following:

3.1 That the security or the development of the child continues to be in danger; 3.2 That the child remains with the parents; 3.3 That the child and the child’s parents take an active

part in the application of any of the measures ordered by the tribunal; 3.4 That the child and the child’s parents report in person, at regular intervals, to the director to inform him of the current situation; 3.5 That the parents remain sober in the presence of the child; 3.6 That the parents remain without any violent behaviour in the presence of the child; 3.7 Deleted paragraph; 3.8 That a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family until May 31, 2019; 3.9 That the situation of the child, X, be entrusted to the Director of Youth Protection of A, who shall then see that the measures are carried out; 2.10 The police to collaborate to the execution of the enactment. [ 5 ] The Court is of the opinion that the above measures respect the child’s interests and rights. [ 6 ] FOR THESE REASONS, THE COURT: [ 7 ] GRANTS the motion; [ 8 ] DECLARES the security or development of X, born on […], 2006, continues to be in danger; [ 9 ] ENDORSES the draft agreement and ORDERS to the parties to comply with it; [ 10 ] ORDERS that the child remain with the parents; [ 11 ] ORDERS that the child and the child’s parents take an active

part in the application of any of the measures ordered by the Court; [ 12 ] ORDERS that the child and the child’s parents report in person, at regular intervals, to the director to inform him of the current situation; [ 13 ] ORDERS that the parents remain sober in the presence of the child; [ 14 ] ORDERS that the parents refrain from all violent behaviour in the presence of the child; [ 15 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family until May 31, 2019; [ 16 ] ORDERS the police to collaborate on the enforcement of the order. [ 17 ] ENTRUSTS the situation of the child to the Director of Youth Protection of A, who shall then see that the measures are carried out. __________________________________ RENÉE LEMOINE, J.C.Q.

Mtre Cassandra Neptune Counsel for the child Mtre Sarah Bourgeois-Lessard Counsel for the applicant Mtre Angèle Tomassel Counsel for the parents

Date of hearing: May 22, 2018