2015 QCCQ 10147, 2015 QCCQ 10147

Protection de la jeunesse — 151482 2015 QCCQ 10147 JA0940 QUEBEC COURT Youth Division Canada PROVINCE OF QUÉBEC DISTRICT OF [...] N° : 525-41-029037-140 DATE : May 29, 2015 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X born on [...] THE DIRECTOR OF YOUTH PROTECTION Applicant and A , mother B , father Respondents ______________________________________________________________________ JUDGMENT (Section 38 of the Youth Protection Act ) ______________________________________________________________________ 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 ] As required under

Section 90 of the Youth Protection Act, the present judgment confirms in writing the decision rendered orally at the hearing held on May 29 th , 2015. [ 2 ] The Director of Youth Protection (the Director) seizes Court of the situation of the child asking that his security and development be declared compromised due to negligence.

The Director is recommending that the child remain entrusted to his parents and that aid, counsel and assistance, along with other measures, be provided for a period of nine months. [ 3 ] The parents do not admit all the facts alleged in support of the motion but they do recognize that they lack some understanding of child development and that they require support and assistance in their parenting.

Because of that, they are in agreement with the recommendations presented by the Director. [ 4 ] On behalf of the child, his attorney also agrees with the recommendations of the Director, recognizing that the parents' situation has improved. CONTEXT

[ 5 ] On July 15, 2014, the Director receives a signalement concerning the child alleging different situations of negligence. [ 6 ] The evaluation of the situation reveals that there is a certain lack of routine for the child, that the immunization charts for the child are somewhat delayed (the four-month vaccine was received when the child was seven and a half months old) and that the parents may need to address, individually, their own personal issues. [ 7 ] Both parents have their child's best interest at heart and are trying their best to comply with the recommendations made by the different professionals involved with the family.

The father is receiving therapeutic services and is described as being very engaged during his individual sessions. On her part, the mother is in a process of gathering all the documents necessary to access services offered by CAVAC. [ 8 ] Although some meetings were missed or cancelled throughout the involvement of the Director, the parents acknowledge that support and monitoring would be beneficial to them and to the child. [ 9 ] Under the circumstances, the recommendations of the Director meet the needs of the child and are in his best interest.

AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 10 ] DECLARES that the security and the development of the child are compromised; AND, BY VIRTUE OF AND PURSUANT TO THE POWERS GRANTED UNDER SECTIONS 91 AND 91.1 OF THE YOUTH PROTECTION ACT, THE COURT ORDERS THE FOLLOWING MEASURES: [ 11 ] ENTRUSTS the child to his parents; [ 12 ] ORDERS both parents to collaborate with the Director of Youth Protection; [ 13 ] STRONGLY RECOMMENDS that the parents collaborate with community services in order to receive the services they may need; [ 14 ] RECOMMENDS that the parents pursue the steps already taken to receive the services they need or may need in the future; [ 15 ] RECOMMENDS that the parents pursue any other avenue that may be indicated to them in order to address their respective situation; [ 16 ] ORDERS that aid, counsel and assistance be provided to the child and his family for a period of nine (9) months; [ 17 ] ENTRUSTS the situation of the child to the Director of Youth Protection A , who shall then see that the measures are carried out. _________________________________ MARIE ARCHAMBAULT, J.C.Q.

Me Sym Davis Attorney for the Director of Youth Protection Me Michel Leclerc Attorney for the child Me Louise Denault Attorney for the parents Date of hearing : May 29 th , 2015