2019 QCCQ 18672, 2019 QCCQ 18672

Protection de la jeunesse — 198271 2019 QCCQ 18672 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000617-198 DATE: September 6, 2019 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2011 Child -and- A -and- 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 ] Stating the child suffers physical abuse from her father, the director of youth protection (DYP) asks the court to order protective measures. [ 2 ] The mother agrees with the DYP, and so does the child’s counsel. The father is neither present nor represented at the hearing. [ 3 ] Following the hearing, the court renders judgment orally. Here are the reasons supporting that order. [ 4 ] The child is seven and she usually lives with her mother.

She sees her father on weed ends. [ 5 ] A few months ago, the child discloses being submitted to abusive behaviours from her father. The latter would pull her hair, yell and slap her. The child fears her father and does not feel safe when going at his place. [ 6 ] Measures are then taken by the DYP in order to entrust the child to her mother. The mother has legal custody and commits herself to protect her child.

However, she does not always cooperate and, at the end of June, the DYP learns that the child is at her father’s. [ 7 ] The DYP then decides to apply immediate protective measures in order to entrust the child to her maternal grandmother. She remains there, on a provisional basis, ever since. [ 8 ] Meanwhile, the mother is incarcerated.

At the hearing, she informs the court, she is to receive a jail sentence the following week. [ 9 ] The evidence convinces the court that the child is a victim of physical abuse, which puts her security and development in danger. [ 10 ] The DYP recommends entrusting the child to her maternal grandmother for next year. It meets her best interest. [ 11 ] The application is well founded. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT:

[ 12 ] GRANTS the application for protection; [ 13 ] DECLARES that the security and development of X are considered to be in danger according to

section 38e) of the youth protection act ; [ 14 ] ORDERS that the child be entrusted to her maternal grandmother, Mrs C until September 30, 2020; [ 15 ] ORDERS that contacts between the child and her parents be determined following agreement between the parties and AUTHORIZES the DYP to supervise them; [ 16 ] ORDERS that the parents actively participate in the measures ordered to put an end to the situation of endangerment; [ 17 ] RECOMMENDS that the parents engage in an addictions follow-up; [ 18 ] ORDERS that the child’s parents report periodically to the DYP on the measures they apply in their own regard or in their child’s regard to put an end to the situation in which the security or development of the child is in danger; [ 19 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and her family until September 30, 2020; [ 20 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present measures. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Jules Grenier for the child Mrs. A the mother Mr. B the father (absent) Written judgment filed on October 8, 2019