2013 QCCQ 7044, 2013 QCCQ 7044

Protection de la jeunesse — 132079 2013 QCCQ 7044 JA0940 QUEBEC COURT Youth Division Canada PROVINCE OF QUÉBEC DISTRICT OF [...] N° : 525-41-024876-112 DATE : March 5th, 2013 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X born on […], 2007 THE DIRECTOR OF YOUTH PROTECTION Applicant and A, mother B, father Respondents ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act ) ______________________________________________________________________ Warning : Within the framework of the Youth Protection Act , no person may publish or broadcast information allowing 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. [ Y.P.A. , sections 11.2.1 and 135] [ 1 ] The Director of Youth Protection (the Director) seizes Court, on November 13 th , 2012, of an application without a hearing of a motion for revision and extension of a decision rendered by the undersigned on January 31 th , 2012.

The Director is asking that the child be entrusted to the care of his parents, without condition, and that Youth Protection services continue to be provided for a period of three months. [ 2 ] As documented, both parents have read the motion for revision and extension, agree with its conclusions and acknowledge the content of the court report prepared by the Youth Protection worker. [ 3 ] The child's lawyer agrees with the conclusions sought by the Director and accepts to proceed without a hearing. [ 4 ] The evidence reveals the following. [ 5 ] Mother and child have been absent from Quebec, while visiting [Country A] from March 28 th until September 12 th , 2012. [ 6 ] Before mother's departure and since her return to Quebec, both parents have respected fully the court order and have offered their collaboration to the Director.

The father has successfully completed his fourteen-session program offered by Pro-Gam and has chosen to continue to attend the support group offered.

[ 7 ] The mother has started, in November 2012, a program offered by [Center A], and completed said program in January 2013. [ 8 ] In order to meet the child's needs, the parents have arranged for a private speech therapist to meet with the child once a week since October 2012. [ 9 ] The progresses made by the family are such that it is no long necessary for the father to stay away from the family. Gradually, the Director has authorized the father to spend extended periods of time in the family home and the situation has remained stable.

The Director is therefore reassured that the child's safety will be maintained if the father returns home. [ 10 ] The Director has established that, despite the progress made, it is necessary, for a short period of time, to continue to provide Youth Protection services. [ 11 ] AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 12 ] DECLARES that the security and the development of the child are still compromised; [ 13 ] AND, BY VIRTUE OF AND PURSUANT TO THE POWERS GRANTED UNDER SECTIONS 91 AND 91.1 OF THE YOUTH PROTECTION ACT, THE COURT ORDERS THE FOLLOWING MEASURES: [ 14 ] ORDERS that the child be entrusted to both of his parents; [ 15 ] ORDERS that parents fully collaborate with the Director of Youth Protection and report as requested on the measures taken to correct their situation; [ 16 ] TAKES ACT that the parents have agreed for the Director of Youth Protection to communicate with all treating professionals working with the family; [ 17 ] ORDERS that aid, counsel and assistance be provided to the child and his family for a period of three (3) months. [ 18 ] ENTRUSTS the situation of the child to the Director of Youth Protection of Batshaw Youth and family Centres, who shall then see that the measures are carried out.

Signed in Town A on March 14 th , 2013 _________________________________ MARIE ARCHAMBAULT, J.C.Q. Me Camille Champeval Attorney for the Director of Youth Protection Me Karine Dallaire Attorney for the child Date of hearing : March 5th, 2013