2017 QCCQ 9079, 2017 QCCQ 9079

Protection de la jeunesse — 173796 2017 QCCQ 9079 JA0940 QUEBEC COURT Youth Division CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] N° : 525-41- 030046-15 5 DATE : April 7, 2017 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X born on […], 2015 THE DIRECTOR OF YOUTH PROTECTION Applicant and A , mother B , father Respondents ______________________________________________________________________ JUDGMENT (Section 95 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 April 7 th , 2017. [ 2 ] The Director of Youth Protection (the Director) seizes Court of a motion for revision of a decision rendered by the Honourable Gaétan Zonato on December 17 th , 2015. The Director is asking that the child be entrusted to the care of her parents and that aid, counsel and assistance be provided for a period of one year. [ 3 ] The father admits all the facts alleged in support of the motion.

He is in full agreement with the recommendations of the Director save and except the one related to couple counseling. [ 4 ] On behalf of the mother, many facts alleged in support of the motion are admitted. The facts pertaining to the father are ignored. The mother denies having a conflictual relationship with the father of the child. She is nonetheless in agreement with all the recommendations except the one pertaining to couple counseling. Both parents indicated that they have no intention of seeking couple counseling. [ 5 ] Counsel for the child is in agreement with the recommendations made by the Director.

CONTEXT

[ 6 ] The mother has continued to offer her full collaboration to the Director and has met with the worker when requested to do so. [ 7 ] The father has not collaborated with the educator nor the social worker until July 2016. Since then, although father had agreed to meet with the worker, it is only in September 2016 that he finally met with the worker and offered his collaboration. [ 8 ] It appears that the parents have been able to avoid conflicts and react more appropriately when issues came up.

During the Christmas Holiday, the couple got into a fight, decided to avoid confrontation and therefore the mother and the child left home for a few days. [ 9 ] Couple counseling was again raised as the mother said she would come back home if the father agreed to go to therapy with her.

The father agreed then to attend therapy. [ 10 ] However, a few days later, the couple indicated to the worker that therapy was no longer needed as their relationship was now been better than ever. [ 11 ] Even if the parents have indicated that their longstanding issue of trust and infidelity had been resolved, they are invited to use all the tools they may need to ensure that their daughter never be exposed again to their conflicts.

Couple counseling would certainly be one of these tools and it is recommended that the parents keep in mind the possibility to engage in couple counseling. [ 12 ] The Director has established that the security and development of the child are still compromised. The measures recommended meet the needs of the child and are in her best interest.

AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 13 ] DECLARES that the security and the development of the child are still 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: [ 14 ] ENTRUSTS the child to the care of her parents; [ 15 ] ORDERS both parents to collaborate with the Director of Youth Protection; [ 16 ] ORDERS that aid, counsel and assistance be provided to child and her parents for a period of one (1) year; [ 17 ] ENTRUSTS the situation of child to the Director of Youth Protection of Batshaw Youth and family Centres, who shall then see that the measures are carried out. _________________________________ MARIE ARCHAMBAULT, J.C.Q.

Me Nadia Sabik Attorney for the Director of Youth Protection Me Francis Cloutier Attorney for the child Me Sylvie Piriou Attorney for the mother Date of hearing : April 7 th , 2017