2019 QCCQ 11456, 2019 QCCQ 11456

Protection de la jeunesse — 191859 2019 QCCQ 11456 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” N° : 525-41-032809-170 DATE : March 27, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2011 child and A B parents ______________________________________________________________________ CLOSURE OF THE FILE ______________________________________________________________________ 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.). [ 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 March 27, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend and revise the order rendered on September 19, 2017. [ 3 ] On December 17, 2018, the child’s attorney was not available for personal reasons. A postponement was granted. [ 4 ] Today, the Director recommends that the file be closed. [ 5 ] The parents and the child’s attorney are in agreement with the Director’s plan.

Question in litigation [ 6 ] Is the child’s security or development still endangered? Context and Analysis [ 7 ] In December 2017, the father was acquitted of the criminal accusations relating to the April 2017 incident of assault against the mother. He reintegrated the family home. [ 8 ] At the beginning of the Court order, the child was still witness to heated arguments between the parents, where they yelled and denigrated each other. On one occasion during an argument when the child was not in the home, the father broke the mother’s sowing machine.

Since December 2017, there have been no such incident. [ 9 ] The child mentioned to the youth protection worker that he did not want to hear his parents yell or say bad words anymore. [ 10 ] From December 2017 to June 2018, the mother stopped attending her counselling sessions at the CLSC A. She has now stopped receiving this service. [ 11 ] In May 2018, the father started attending anger management sessions at the A Clinic. He is not always consistent in his

participation. [ 12 ] The parents have decided to not take

part in couple’s therapy at the A Institute. They are on a waiting list for such service at the A Centre. [ 13 ] The parents have continued to actively collaborate with the youth protection worker. [ 14 ] The Director observed the following: The family went through a hard period whereby there was a pattern of conjugal violence which first brought their situation to the attention of the Department of Youth Protection.

However, the family has demonstrated growing closer and stronger while moving towards more healthy interactions and more collaboration as a couple. [ 15 ] As the parents took steps to correct the situation and prevent its recurrence, the Director’s intervention is no longer necessary. THEREFORE AND FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the application for extension and revision; [ 17 ] DECLARES that the security or the development of the child is no longer endangered; [ 18 ] ORDERS the closure of the file. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on April 1 st , 2019 /cd Mtre Christine Waldvogel Counsel for the Director of Youth Protection Mtre Michael Khoury Counsel for the child Date of hearing: March 27, 2019