2023 QCCQ 2534, 2023 QCCQ 2534

Protection de la jeunesse — 23874 2023 QCCQ 2534 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 105-41-000586-223 DATE: February 22, 2023 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2012 Child and A B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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.). [ 1 ] In July of 2022, the Court declares that the security and development of the child are in danger and orders the application of measures to correct the situation. [ 2 ] It is then demonstrated that the child suffers from neglect and there are reoccurring issues in the family. The child is entrusted to a friend of the family.

Her mother and her spouse have two younger children and they are also removed from their parents’ care. [ 3 ] The Court is now seized with an application for revision and extension of an order. All parties chose to proceed by fast track under

section 95, 3 rd paragraph of the Youth protection act . They signed an agreement of non-attendance by the parties to an uncontested Court hearing. That document states their consent to the measures that appear on the application, notably that the child be entrusted to her mother. [ 4 ] The Court ruled on the case through an oral judgment at the hearing. The decision is based on the following motives . [ 5 ] The mother and her spouse cooperate with the DYP and are following up on the given recommendations.

They are aware of their difficulties and are engaged in the process of making positive changes. [ 6 ] The mother’s spouse has reduced his drug use and there is no substance use in the home when the children are there. The mother’s spouse continues to engage in his follow-up with the program A. [ 7 ] As for the mother, she participates in a mothers’ support group with [the organism A]. [ 8 ] The mother as well as her spouse claim that confrontational and violent behaviour is now a thing of the past. [ 9 ] The child’s visits to her mother’s home increase over time and they go well.

The mother and her spouse apply rules and routine. [ 10 ] That said, the situation remains fragile, especially when all siblings are at home together. [ 11 ] The child also has regular contact with her father, through video calls. [ 12 ] Already in the summer of 2022, the mother and her spouse were demanding that their children be returned to them. It is pleasing

to note that they are now, since then, making the necessary efforts that make this goal appear realistic. [ 13 ] The family is also waiting to receive services from the CLSC and the social pediatrics centre. [ 14 ] Considering the evolution of the situation and the consent of the parties, the Court finds that the application should be granted.

WHEREFORE, THE COURT: [ 15 ] GRANTS the application for revision and extension of order; [ 16 ] DECLARES that the security and development of X are still considered to be in danger according to sections 38(b)1 o i and 38(b)1 o iii of the Youth protection act ; [ 17 ] REVISES AND EXTENDS the Court order rendered on July 4, 2022; [ 18 ] ENTRUSTS X to her mother; [ 19 ] ORDERS that the parents report periodically to the DYP on the measures they apply in their own regard or in their child’s regard to put an end to the situation in which the security or development of the child is in danger; [ 20 ] ORDERS that contact between the child and her father be determined according to an agreement between the parties; [ 21 ] RECOMMENDS that the parents involve themselves in counselling and a follow-up to address their personal difficulties, notably psychological assessment; [ 22 ] ORDERS that the child regularly attend a school; [ 23 ] ORDERS that the child and her parents benefit from outpatient rehabilitation services, as deemed necessary by the DYP; [ 24 ] ORDERS that the parents actively participate in the application of the measures ordered; [ 25 ] ORDERS that a person working for an organization or institution bring to the child as well as to her family, help, advice and support until September 30, 2023; [ 26 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment; [ 27 ] ORDERS that the parties concerned by this judgment comply with it. __________________________________ JANICK POIRIER, J.C.Q.

Me Joanie Bujold for the applicant Me Béatrice Arsenault for the child Ms. A the mother (absent) Mr. B the father (absent) Written jugdment filed on March 13, 2023