2019 QCCQ 15158, 2019 QCCQ 15158

Protection de la jeunesse — 1911748 2019 QCCQ 15158 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] “Youth Division” N° : 640-41-002366-190 DATE : October 8, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born […], 2019 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 8, 2019. [ 2 ] The Court is seized of an application presented by the Director of youth protection (DYP), requesting that the security and development of the child be declared in danger for neglect in terms of supervision, and for psychological ill-treatment (

section 38 b) 1 iii and c), of the Youth Protection Act ), as expressed in the motion. [ 3 ] Consequently the DYP asks the Court to entrust the child to a foster family, as well as other measures to improve the situation. Question in litigation [ 4 ] Are the security and development of the child compromised? In the affirmative, do the recommended measures answer her needs and are they in her best interest? Context and Analysis [ 5 ] The father is presently detained. [ 6 ] The proof reveals that at the beginning of the DYP’s intervention the parents have not been collaborating.

For that reason the Social Worker was not able to inform the Court of the accurate situation of the parents. In 6 months DYP was informed of 5 events of neglect. [ 7 ] The recent facts reported are that the night of July 31 st , mother shook and bounced her baby, while being intoxicated. The baby was brought to the nursing quickly and was reassured by the presence of her father. [ 8 ] The young baby needs a safe and stable environment for her to develop correctly. She needs receive response to her physical and psychological needs. Thus the adults responsible of her must be sober and really present for her.

[ 9 ] The parents will have to address their alcohol issues, and their conjugal difficulties, if they want to resume the care of X. They should be involve with the DYP to receive services. [ 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 child are in danger and that the measures suggested meet her needs and deemed to be in her best interest. THEREFORE AND FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the application ; [ 12 ] DECLARES that the security and development of the chid are compromised according to

section 38b) iii and

c) of the Youth Protection Act ; [ 13 ] ORDERS that the child be entrusted to a foster family ; [ 14 ] AUTHORIZES the reintegration of the child with her parents when and if the situation allows it ; [ 15 ] ORDERS that the contacts between the child and her parents be supervised by a reliable person designated by the DYP as to their frequency and modality and be favoured ; [ 16 ] ORDERS the parents to remain sober and without any violent behaviour, when in the presence of the child ; [ 17 ] ORDERS the parents to seek help regarding their alcohol dependence and their violence issues ; [ 18 ] ORDERS the parents to report in person, at regular intervals, to the DYP to inform her of the current situation; [ 19 ] ORDERS that the youth and the youth’s mother take an active

part in the application of any of the measures ordered by the tribunal ; [ 20 ] ORDERS the parents to collaborate fully and with transparency with the DYP ; [ 21 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family ; [ 22 ] ENTRUSTS the situation of the child to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out ; THE WHOLE until October 31, 2020. ___________________________________ Dominique Wilhelmy, J.C.Q.

Signed on Mtre Robert André Adam Counsel for the Director of Youth Protection Mtre Eliane Villemur Counsel for the mother Mtre Laurence Migué Counsel for the child