2019 QCCQ 15041, 2019 QCCQ 15041

Protection de la jeunesse — 1911711 2019 QCCQ 15041 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” N° : 614-41-000495-194; 614-41-000497-190 614-41-000496-192; 614-41-000494-197 DATE : December 12, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on [...], 2007 Y Born on [...], 2013 Z Born on [...], 2004 A Born on [...], 2006 Children and [SOCIAL WORKER 1] person duly authorized by the Director of Youth Protection A working in [...] Applicant and B, Mother C , Father of X and Y D Father of Z and A ______________________________________________________________________ AMENDED 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 December 12, 2019. [ 2 ] The Court is seized of a motion presented by the Director of youth protection (DYP), requesting that the security and development of the children be declared endangered for physical abuse, risk of physical abuse and exposure to conjugal violence (

article 38 e)1) and 2) and 38 c), as expressed in the motion. [ 3 ] Consequently DYP asks the Court to entrust the children X, Y, and Z to the mother and M. C, for a period of 6 months, and to entrust A in foster home for the same period, as well as other measures to resolve the situation. Question in litigation Are the security and development of the children compromised? In the affirmative, do the recommended measures answer their needs and are they in their best interest?

Context and Analysis [ 4 ] DYP presented new recommendations at the hearing and the children were very pleased with those. [ 5 ] A agrees to the recommendations in his situation and he precise that Mr. C did not tried to strangle him, he strangled him. [ 6 ] The fathers, mother and children agree to the recommendations, and recognize that security and development of the children are compromised. [ 7 ] The children know that their parents need to improve their situation. [ 8 ] The mother and Mr.

C have problems with alcohol consumption. [ 9 ] 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 endangered and that the following measures meet their needs and deemed to be in their best interest. THEREFORE AND FOR THESE REASONS, THE COURT: [ 10 ] GRANTS the motion; [ 11 ] DECLARES that security and development of Y, X and Z are endangered for risk of physical abuse, according to

section 38 e) 2) and for exposure to conjugal violence according to

section 38

c) of the Youth Protection Act ; [ 12 ] DECLARES that security and development of A are endangered for physical abuse, according to

section 38 e) 1) and for exposure to conjugal violence according to

section 38

c) of the Youth Protection Act ; FOR Y, X and Z: [ 13 ] ENTRUSTS the children to their mother and Mr. C for a period of 6 months; [ 14 ] ORDERS mother and Mr. C to engage in couple counselling; [ 15 ] ORDERS Mr. C to attend anger management sessions; [ 16 ] ORDERS that Mr. C refrain from use of alcohol and violent behaviour in the presence of the children; [ 17 ] ORDERS Mr. C to attend a treatment program for alcohol use;

[ 18 ] ORDERS mother to engage in individual therapy; [ 19 ] AUTHORIZES DYP to make unannounced visits as often as necessary [ 20 ] ORDERS the children to attend school FOR A: [ 21 ] ENTRUSTS the child to a foster home for a period of 6 months [ 22 ] ORDERS mother and Mr. C to engage in couple counselling; [ 23 ] ORDERS Mr. C to attend anger management sessions; [ 24 ] ORDERS that Mr. C refrain from use of alcohol and violent behaviour in the presence of the child; [ 25 ] ORDERS Mr.

C to attend a treatment program for alcohol use; [ 26 ] ORDERS mother to engage in individual therapy; [ 27 ] ORDERS the child to attend school [ 28 ] ORDERS that frequency and modalities of the contacts between the child, and his parents and Mr.

C be determined by DYP according to the child’s wishes; [ 29 ] ORDERS that contacts between A and his siblings be encouraged; [ 30 ] ORDERS DYP to provide aid counsel and assistance to all the children and their family for a period of 6 months; [ 31 ] ENTRUSTS the situation of the children to the Director of Youth Protection A, who shall then see that the measures are carried out. ___________________________________ Dominique Wilhelmy, J.C.Q.

Signed on Mtre Magdalena Lempicka Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the child Mtre Michel Grenier Counsel for the moher Mtre Marie-Josée Ayoub Counsel for the fathers