2019 QCCQ 14429, 2019 QCCQ 14429

Protection de la jeunesse — 194425 2019 QCCQ 14429 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” N° : 525-41-035272-194 DATE : April 25, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2007 child and A B parents ______________________________________________________________________ JUDGMENT 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 April 26, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that the child/adolescent exhibits serious behavioural disturbances and that he/she was subjected to psychological ill-treatment. [ 3 ] Today, the Director recommends that the child remain entrusted to the parents’ care and that support measures be ordered for a period of one year. [ 4 ] The parents are questioning the Director’s intervention for their son’s situation.

Question in litigation [ 5 ] Did the Director present preponderant proof to the effect that the child’s security or development was compromised? Context and Analysis [ 6 ] The child exhibits behavioural difficulties (not respecting his parents’ authority, not taking showers as requested, using bad words, insulting his father, fighting with his sibling Y). His parents are unable to structure the time he spends playing video games.

He has pushed and stopped his mother from turning off the WIFI. [ 7 ] The child is doing well in school. [ 8 ] On one occasion, the child was exposed to the February 19, 2019 physical altercation between his parents and his sister, Y. [ 9 ] Considering the nature, the gravity, the persistence and the frequency of the facts reported, the Tribunal cannot conclude that the child’s security or development is endangered. THEREFORE AND FOR THESE REASONS, THE COURT: [ 10 ] DECLARES that the security or the development of the child is not endangered; [ 11 ] ORDERS the closure of the file.

___________________________________ François Ste-Marie, J.C.Q. Written and signed on May 2, 2019 /cd Mtre Myriam DeBlois Counsel for the Director of Youth Protection Mtre Christian Benoît Counsel for the child Date of hearing: April 25, 2019