2019 QCCQ 15194, 2019 QCCQ 15194

Protection de la jeunesse — 1911762 2019 QCCQ 15194 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] “Youth Division” N° : 640-41-002153-184, 640-41-002152-186 DATE : November 28, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION, applicant and X Born on […], 2013 Y Born on […], 2015 and A B parents ______________________________________________________________________ JUDGMENT

Section 95 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 November 28, 2019. [ 2 ] The court is seized of applications for extension presented by the Director of youth protection (DYP) of a decision rendered on November 23, 2018, requesting that the security and development of the children be declared still in danger. [ 3 ] Consequently DYP asks the Court to entrust the children to a foster family, C , as well as other measures to resolve the situation.

Question in litigation [ 4 ] Are the security and development of the children still compromised? In the affirmative, do the recommended measures answer their needs and are they in their best interest? Context and Analysis [ 5 ] X is 6 years old and Y is 4 years old. They both are entrusted to the paternal grandparents since October 2018. [ 6 ] As the mother is still in a relationship with M. D, the children cannot visit her at her place, and it is impossible to entrust her the children. [ 7 ] Both girls missed their mother. [ 8 ] The father had to meet with DYP before having contacts with his daughters.

He did not want to meet with DYP so he had no contact with the children since the last court hearing. [ 9 ] Mother agrees for the placement of the children but she insists for them to be placed with a person from the extended family.

[ 10 ] 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 children are still in danger and that the measures suggested meet their needs and deemed to be in their best interest.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the application; [ 12 ] DECLARES that the security and development of the children are still compromised; [ 13 ] EZTENDS the decision rendered on November 23, 2018; [ 14 ] ENTRUSTS the children to a foster family; [ 15 ] TAKE JUDICIAL NOTICE that the children will be placed under the care of their paternal grandparents; [ 16 ] ORDERS the parents to report periodically to the DYP on the measures they apply in their own regard or in their children’s regard, to put an end to the situation in which the security or development of the children is in danger; [ 17 ] ORDERS the parents to remain sober and without any violent behaviour in the presence of the children; [ 18 ] ORDERS the children and the parents to take an active

part in the application of the measures ordered by the tribunal; [ 19 ] ORDERS the children and the parents to report in person, at regular intervals, to the DYP to inform him of the current situation; [ 20 ] ORDERS the parents to seek help through the Social Services concerning their alcohol and personal issues; [ 21 ] ORDERS that the contacts between the children and their parents be determined by the director as for the modalities, the frequency and the degree of supervision; [ 22 ] ORDERS that the contacts with the father be supervised by a third party approved by DYP ; [ 23 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family; [ 24 ] ENTRUST the situation of the child to the DYP who shall then see that the measures are carried out; THE WHOLE , until August 31, 2020. ___________________________________ Dominique Wilhelmy, J.C.Q.

Signed on Mtre Adèle Cyr Counsel for the Director of Youth Protection Mtre Laurence Migué Counsel for the children Mtre Angèle Tommasel Counsel for the mother