2022 QCCQ 7140, 2022 QCCQ 7140

Protection de la jeunesse — 225327 2022 QCCQ 7140 JB5047 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth division »

N o : 460-41-002371-219 460-41-002372-217 DATE: September 8, 2022 ______________________________________________________________________ BY THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on [...], 2019 Y Born on [...], 2017 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of CIUSSS A; Applicant -and- A Child’s mother -and- B Child’s father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR REVISION (Section 95 of the Youth Protection Act ) ______________________________________________________________________ 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 9.2, 9.3 and 135 Y.P.A.).

Introduction [ 1 ] The Court confirms and justifies, by this judgment, the decision rendered immediately during the hearing of September 8, 2022, in accordance with the requirements of the Youth Protection Act . [ 2 ] The undersigned has edited the reasons expressed verbally, to improve their presentation and understanding. [ 3 ] The Court is seized of a request presented by the Director of Youth Protection (DYP), to review the decision rendered on December 22, 2021 and declare that the security and the development of the children are still compromised. [ 4 ] Consequently, the DYP is asking the Court to entrust the children to their mother and to impose other measures intended to put an end to the situation of endangerment.

Question in litigation [ 5 ] Is the security and the development of the children are still compromised? What are the most appropriate measures to correct

the situation? Context and analysis [ 6 ] Since the last Court date, few things happened. [ 7 ] The mother is not convinced that the father is sober and does not take any drug anymore, so she does not want the supervision of the contacts to be lifted. [ 8 ] The father wishes that the supervision of the contacts with his children be lifted. [ 9 ] The father would have to submit himself to drug test.

To be able to do so, he will have to provide his birth certificate. [ 10 ] If the drug tests results are negatives, the supervision may be partially and/or completely lifted as the mother will be able to verify the state of the father. [ 11 ] Those children witnessed violent events between their parents. [ 12 ] For example, recently, on August 18, the father being fed up with the supervised contacts, reacted aggressively.

He should never again show such behavior as the one he showed in front of the children. [ 13 ] This kind of behavior have affected the children and is not in their best interest. [ 14 ] After analysing all the evidence, and taking into consideration the position of the parties, the Court concludes that the security and the development of the children are still compromised and that the recommended measures respect their rights and interests. [ 15 ] CONSEQUENTLY AND FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the application; [ 17 ] DECLARES that the security and the development of the children X and Y are still in danger for serious risk of neglect and psychological ill treatment; [ 18 ] REVISES the Court order rendered on December 22, 2021 in the present file; [ 19 ] ENTRUSTS the children to their mother; [ 20 ] AUTHORIZES, in the children’s favour, supervised contacts with their father, if he is sober, if the

schedule is well planned and the father has all the necessary material he needs for the children, following the modalities determined by the Director of Youth Protection; [ 21 ] TAKES JUDICIAL NOTICE of the fact that those contacts will occur at least once a week for 2 hours on Sunday afternoon or during any afternoon after 2h30 p.m. for a period 2h30; [ 22 ] STRONGLY SUGGESTS that the contacts with the father be favored if the father shows four (4) negative random drug tests including DNA sample from the hair; [ 23 ] AUTHORIZES DYP to partially lift the supervision of the contacts after those drug tests be completed and confirm the sobriety of the father; [ 24 ] AUTHORIZES DYP to completely lift the supervision if the father respects the

schedule plan, has the necessary material and according to the mother’s agreement, following modalities determined by the Director of Youth Protection; [ 25 ] TAKES JUDICIAL NOTICE of the fact that the mother will continue the meetings with the CRDI; [ 26 ] SUGGESTS the father to attend therapy or group to manage his anger specifically in front of the children; [ 27 ] ORDERS the parents to participate actively to the measures set forth to end the situation of endangerment; [ 28 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and their family; [ 29 ] ORDERS to Director of Youth Protection to continue coparenting therapy with the parents as long as necessary; [ 30 ] ENTRUSTS the situation of the children X and Y to the Director of Youth Protection to see that the measures are carried out; [ 31 ] THE WHOLE for a period of 12 months. __________________________________ DOMINIQUE WILHELMY, J.C.Q.

Signed on :

M e Andréanne Lacasse Counsel for the DYP M e Karyn Brown Counsel for the children M e Claudel Vachon Counsel for the mother Deposited exhibits: D-4