2019 QCCQ 15052, 2019 QCCQ 15052

Protection de la jeunesse — 1911734 2019 QCCQ 15052 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] “Youth Division” N° : 640-41-002210-182 DATE : November 28, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2016 and A B Parents _____________________________________________________________________ JUDGMENT

Section 95 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 November 28, 2019. [ 2 ] The court is seized of an application for extension presented by the Director of youth protection (DYP) of a decision rendered on January 29, 2019, requesting that the security and development of the child be declared still in danger. [ 3 ] Consequently DYP asks the Court to entrust the child to his mother, as well as other measures to resolve the situation.

Question in litigation [ 4 ] Are the security and development of the child still compromised? In the affirmati-ve, do the recommended measures answer her needs and are they in her best interest?

Context and Analysis [ 5 ] The proof reveals that the mother is capable of introspection, she had made very good decisions for herself and her child: she attended a treatment for alcohol consumption and as she still struggle with alcohol related problems, she works on it, and she kicked out of her house one of her brothers who displayed violent behaviours. [ 6 ] Mother will now have to maintain her sobriety. [ 7 ] The father has very little implication in the life of his child. [ 8 ] 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 still 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: [ 9 ] GRANTS the application; [ 10 ] DECLARES that the security and development of the child are still compromised; [ 11 ] EXTENDS the decision rendered on January 29, 2019; [ 12 ] ENTRUSTS the child to his mother; [ 13 ] ORDERS the parents to 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; [ 14 ] ORDERS the parents to take an active

part in the application of the measures ordered by the tribunal; [ 15 ] ORDERS the mother to remain sober and without any violent behaviour in the presence of the child; [ 16 ] ORDERS the mother to seek help through the Social Services concerning her alcohol and personal issues; [ 17 ] ORDERS the mother to submit herself to a psychological assessment; [ 18 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family; [ 19 ] ENTRUST the situation of the child to the DYP who shall then see that the measures are carried out; THE WHOLE , until November 30, 2020. ___________________________________ Dominique Wilhelmy, J.C.Q.

Signed on Mtre Adèle Cyr Counsel for the Director of Youth Protection Mtre Laurence Migué Counsel for the child Mtre Éliane Villemur Counsel for the mother