2019 QCCQ 15898, 2019 QCCQ 15898

Protection de la jeunesse — 1911752 2019 QCCQ 15898 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” N° : 640-41-002373-196 640-41-002375-191 DATE : October 9, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...] 2012 Y Born on [...], 2013 and A B parent s ______________________________________________________________________ JUDGMENT

Section 38 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 9, 2019. [ 2 ] The Court is seized of an application presented by the Director of youth protection (DYP), requesting that the security and development of those children be declared in danger for neglect on educational needs, for exposure to conjugal violence, and for risk of physical abuse (

section 38 b) 1 iii,

c) and e) 2 of the Youth Protection Act ), as expressed in the motion. [ 3 ] Consequently the Director asks the Court to entrust the children to their mother, as well as other measures to improve the situation. Question in litigation [ 4 ] Are the security and development of the children compromised? In the affirmative, do the recommended measures answer their needs and are they in their best interest?

Context and Analysis [ 5 ] The proof reveals that mother realize and understand the gravity of the situation, and she took important steps to address her issues. She states that she will ask the father to live somewhere else, if he continues drinking. [ 6 ] Father for his part, says that he understands the situation but do not know what he can do to change the situation. He states that he will stop drinking. [ 7 ] Both children were exposed to conjugal violence and alcohol abuse on the part of their parents. On one occasion, X interfere between his parents in order to protect his mother.

This must never happens again. The parents are the on who have to protect their children, not the contrary. [ 8 ] The chronicity and the seriousness of those situation of conjugal violence have to stop. Both parents have issues related to alcohol consumption, but they want to solve those issues. They showed recently good collaboration with DYP and stability in their lives.

This situation seems to be good but fragile. [ 9 ] After taking into consideration the documentary evidence, the testimonies and the position of the parties, the Court finds that the evidence is sufficient to declare that security and development of the youth are still in danger and that the measures suggested meet his needs and deemed to be in her best interest. THEREFORE AND FOR THESE REASONS, THE COURT: [ 10 ] GRANTS the application; [ 11 ] DECLARES that the security and development of the children are compromised, according to

section 38 b)1iii,

c) and e) 2 of the Youth Protection Act ; [ 12 ] ORDERS that the children remain with their mother; [ 13 ] ORDERS the parents to report periodically to the Director on the measures they apply in their own regard or in their children’s regrad to put an end to the compromission; [ 14 ] ORDERS that the children and their parents take an active

part in the application of any of the measures ordered today; [ 15 ] ORDERS that the parents report in person, at regular intervals, to the director to inform her of the current situation; [ 16 ] ORDERS that the parents or any adult remain sober and refrain from any violent behaviour in the presence of the children; [ 17 ] ORDERS that the parents cooperate fully with the Youth Protection and that they seek help through the Social Services concerning their personal issues; [ 18 ] AUTHORIZES the Director to access the information regarding the parent’s presence at their appointments and their level of involvement in the services provided; [ 19 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and their family; [ 20 ] ENTRUSTS the situation of the children to the Director of Youth Protection, who shall then see that the measures are carried out.

THE WHOLE until October 30, 2020 ___________________________________ Dominique Wilhelmy, J.C.Q. Signed on Mtre Robert André Adam Counsel for the Director of Youth Protection Mtre Laurence Migué Counsel for the children Mtre Angèle Tommasel Counsel for the father Mtre Éliane Villemur