2019 QCCQ 11858, 2019 QCCQ 11858

Protection de la jeunesse — 192299 2019 QCCQ 11858 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005491-173 760-41-005489-177 DATE: February 13, 2019 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X, born [...], 2013 Y , born [...], 2012 Children ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant v.

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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] On August 20, 2018, the Court orders the application of various measures of protection in regards to the siblings X and Y, the whole in relation to neglect in their family environment. [ 2 ] The Director of Youth Protection seeks the extension of said measures for another six months, alleging that such is in the children’s interests in view of ensuring the consolidation of the improvements in place.

The Director produces an agreement of non- attendance by the parties to an uncontested Court hearing, as well as the reports on the situation of the children. [ 3 ] The attorney for the children, acting under a legal mandate, consigns her agreement with the conclusions sought. [ 4 ] Analysis and decision [ 5 ] The children continue to reside with their mother. The father sees them on a regular basis, following agreements intervening between the parties. [ 6 ] Both parents cooperate with the intervention and mobilize themselves in view of rehabilitating the family environment.

A homebound educator continues to offer services with the objective of helping the mother apply a stable routine and structure. Over time, the mother is less overwhelmed and able to apply the tools and strategies put in place. [ 7 ] As such, the following evolution occurs: • The mother improves the structure and routine at home; • The children receive speech therapy; • The parents communicate better together concerning their children; • The parents help each other and share responsibilities; • The parents are proactive in regards to their children’s needs;

[ 8 ] Despite certain developmental delays for which they receive services, the children are doing well in school. [ 9 ] In the last months, the parent’s efforts have succeeded in ensuring that the children benefit from a secure and stable home environment. The Court applauds the parent’s determination to maintain effective communication and cooperation in view of maintaining a coherent co-parenting team. [ 10 ] At this juncture, the parties agree that it is important to consolidate this progress before concluding to a rehabilitation of the situation of endangerment.

After evaluating the evidence, the Court endorses the agreed upon orientation. [ 11 ] FOR ALL THESE REASONS, THE COURT: [ 12 ] GRANTS the applications; [ 13 ] DECLARES that the security and the development of the children are still in danger; [ 14 ] EXTENDS the Court order rendered on August 20, 2018; [ 15 ] MAINTAINS the children with their mother; [ 16 ] ORDERS that the contacts between the children and their father be following agreement between the parties; [ 17 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or their children’s regard to put an end at the situation in which the security or development of the children is in danger; [ 18 ] ORDERS that the parents take an active

part in the application of the measures ordered; [ 19 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and their family; [ 20 ] ALL THESE MEASURES for 6 months; [ 21 ] ENTRUSTS the situation of the children to the Director of Youth Protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Isabelle Lyonnais Attorney for the Applicant Me Karine P. Poissant Attorney for the children Date of hearing: February 13, 2019