2022 QCCQ 13860, 2022 QCCQ 13860

Protection de la jeunesse — 224604 2022 QCCQ 13860 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 105-41-000560-210 DATE: August 29, 2022 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on […], 2015 Child and A B Parents/Respondents ______________________________________________________________________ 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 9.2 and 9.3 and 135 Y.P.A.). [ 1 ] The director of youth protection (DYP) is involved in that family because the children suffer from neglect and psychological ill- treatment.

The parents notably expose their young children to long-lasting conflict. [ 2 ] The DYP asks the Court to revise and extend a previous judgment, to order that the children remain with the parents following a shared custody, with the application of protective measures for several months. [ 3 ] Both parents admit the alleged situation and agree to the recommendations sought by the DYP. Children’s counsel is of the same opinion. At the end of the hearing, the Court renders an oral judgment, granting the application.

Here are the reasons supporting that decision. [ 4 ] The children’s living environments have improved as far as cleanliness is concerned. Both homes are now cleaner and safer than they used to. [ 5 ] In regard to the conflict opposing the parents, and its impact on the children, however, there is little improvement. The parents still fight in the presence of their children. They blame each other for not taking proper care of the children.

Unfortunately, the parents refuse to admit that their ongoing conflict harms the children. [ 6 ] Moreover, educational neglect remains an issue. [ 7 ] The mother makes poor choices in regard to babysitting, even though her sons have special needs which increase their vulnerability. The little girl is very often late for school, mainly when she is at her mother’s. [ 8 ] On the other hand, the mother is the one who makes sure the children attend their appointments with professionals for their follow-ups. [ 9 ] The father is often hard to reach.

He also shows poor cooperation to the DYP as well as other professionals. [ 10 ] The evidence convinces the Court that the children’s best interest still requires the application of protective measures. Both parents must work on their issues for the situation to improve. [ 11 ] At the light of the evidence, the Court concludes that the application is well founded. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT:

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

section 38 of the youth protection act ; [ 14 ] REVISES AND EXTENDS the Court order rendered on October 6, 2021; [ 15 ] ORDERS that the child be entrusted to his parents, following a shared custody of one week/one week and that the exchange of the child take place each Friday at 6 p.m. or at any other time agreed upon by the parties; [ 16 ] ORDERS that the 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 of development of the child is in danger; [ 17 ] ORDERS that the child attend school assiduously; [ 18 ] RECOMMENDS that the parents submit themselves to random drug screening tests; [ 19 ] FORBIDS the parents from exposing their child to any form of violence; [ 20 ] ORDERS that the parents actively participate in the measures ordered to put an end to the situation of endangerment; [ 21 ] ORDERS that the family benefit from the services of an external educator; [ 22 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and his family until March 31, 2023; [ 23 ] 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 judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Mylène Pelletier-Rivet for the applicant Me Jules Grenier for the child Me Marjorie Lepage for the mother Me Sam Bernard for the father Written judgment filed on September 2, 2022