2020 QCCQ 12134, 2020 QCCQ 12134

Protection de la jeunesse — 208236 2020 QCCQ 12134 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 640-41-002504-204 Date: October 21, 2020 ______________________________________________________________________ PRESIDED BY THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X, Born on [...], 2020 Child and [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A B Parents ______________________________________________________________________ JUDGMENT Sections 38 of the Youth Protection Act (CQLR 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 October 21, 2020 . [ 2 ] The Director of youth protection (DYP), submits to the Court, an application requesting that the security and development of the child be declared in danger for serious risk of neglect caused by mother’s instability, and for risk of physical abuse, in regards to

section 38 b) (2) and e) 2, of the Youth Protection Act . [ 3 ] DYP asks the Court to maintain the child under the care of her parents, as well as other measures to resolve the situation. QUESTION IN LITIGATION [ 4 ] Are the security and development of the child compromised? In the affirmative, on which grounds? And do the recommended measures answer her needs and are they in her best interest? CONTEXT AND ANALYSIS

[ 5 ] X remains with her parents and, In October 2019, the other children were entrusted to a foster family and the parents had to seek help to improve their disciplining skills. [ 6 ] The proof reveals that they were able to improve their situation, and on May 9 2020 a complete reintegration of the children with the parents was done, as authorized in the court order of 2019. [ 7 ] The mother has come a long way in regulating her emotions.

She has been working on anger management and personal issues and she can presently handle the situations calmly. [ 8 ] On September 23, 2020, the father was intoxicated and in charge of the children and Y was sexually abused by Mr.

C the maternal aunt’s boyfriend. [ 9 ] Since then the mother is protective towards her daughter. [ 10 ] The proof reveals that the parents were able to discipline their children adequately and apply basic rules. [ 11 ] The parents need to prevent that the children be exposed to intoxicated people. [ 12 ] The family has many safety nets including family members and friends and the father is supportive and participates fully in the upbringing of the children. [ 13 ] 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 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: [ 14 ] GRANTS the applications; [ 15 ] DECLARES that the security and development of the child are compromised, in regards to

section 38 b) (2) , and e) (2) , of the Youth Protection Act ; [ 16 ] ENTRUSTS the child into the care of her parents; [ 17 ] ORDERS the parents to report periodically to the DYP on the measures they applies on their own regards or in their child’s regard to put an end to the situation in which security and development of the child are compromised; [ 18 ] ORDERS the parents to report in person to the Director of Youth Protection, at regular intervals, to inform her of the current situation; [ 19 ] ORDERS the parents to take an active

part in the application of any of the measures ordered by the tribunal; [ 20 ] ORDERS the parents to remain sober and without any violent behaviour in the presence of the child; [ 21 ] ORDERS the parents to ensure that the child is not exposed to intoxicated people; [ 22 ] ORDERS the parents to never left the child alone with Mr.

C; [ 23 ] ORDERS the parents to seek help through the Social Services concerning their personal issues, and parental capacities; [ 24 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family, including the services of an educator until the end of the measures; [ 25 ] ENTRUSTS the situation of the child to the Director of Youth Protection, who shall then see that the measures are carried out. THE WHOLE until April 30 th , 2021. ___________________________________ Dominique Wilhelmy, J.C.Q. Signed on

Me Karianne Asselin Counsel for the Director of Youth Protection Me Cassandra Neptune Counsel for the child Me Angèle Tommasel Counsel for the parents