Protection de la jeunesse — 123256 2012 QCCQ 15583 JC1649 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] « Youth division » N° : 635-41-000461-126 DATE : May 8, 2012 UNDER THE PRESIDENCE OF : HONOURABLE PAUL CHEVALIER, J.C.Q.

In the case of : X ([…], 2008) JUDGMENT ON A MOTION FOR PROTECTION (Sec. 38, Youth Protection Act) [ 1 ] The Director of Youth Protection asks the Court to declare the security and development of the child X ([…], 2008) in danger. [ 2 ] The D.Y.P. also seeks to have the security and development of the child's brother declared in danger, and admits that the present motion is presented mainly on account of the motion presented for the brother. [ 3 ] Concerning specifically X, the D.Y.P. refers to two specific events: on December 11, 2011, the mother left the children in the middle of the night in the father's house porch and the father's sister, A, hearing them cry, brought them inside before running after the mother who then said that she wished her daughter would stay with her father and aunt. [ 4 ] On January 14, 2012, the police had to intervene with the parents regarding domestic violence while the father was intoxicated. [ 5 ] The parents signed voluntary measures on February 16, 2012, but soon started to be less cooperative. [ 6 ] Nonetheless, nothing concerning the child can be said against the parents, apart those two events. [ 7 ] The evidence therefore does not show that since January 2012, the parents failed to take the necessary steps to put an end to the situation. [ 8 ] The Court cannot conclude then, that the security and development of X are in danger, the child evolving apparently well and receiving an appropriate answer to all her basic needs. [ 9 ] FOR THESE REASONS, THE COURT : [ 10 ] DISMISSES the motion for protection.

PC/nc PAUL CHEVALIER, J.C.Q. Me Marianne Gagnon-Bourget, For the D.Y.P.

Me Myriam Gaudreault, For the child. Me Marie-Claude De Gagné, For the parents, present. Date of the hearing : May 8, 2012.