2019 QCCQ 19643, 2019 QCCQ 19643

Protection de la jeunesse — 1911753 2019 QCCQ 19643 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” N° : 640-41-002377-197 DATE : October 9, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2019 and A and B parents ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act (R.S.Q. 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 on October 9, 2019. [ 2 ] The court is seized of an application presented by the Director of youth protection (DYP) requesting that the security and development of the child be declared in danger for neglect in terms of supervision and for exposure to conjugal violence (

section 38 b)1 iii and

c) of the Youth Protection Act ) as expressed in the motion. [ 3 ] Consequently DYP asks the Court to order that the child remain with 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, do the recommended measures answer her needs and are they in her best interest?

Context and Analysis [ 5 ] The child is very young and it is essential that the parents resolve their personal problems to be able to take care appropriately of their child. [ 6 ] The parents have shown great mobilization and they respected the conditions ordered by the Judge. They have not attended any treatment program, and the placement of the child on august 7, was the “wake up call” they may need.

[ 7 ] In the past the parents displayed alcohol consumption and conjugal violence. In the beginning of the intervention of the DYP, the parents were not collaborating, but after the placement of X they began to collaborate correctly and mobilize themselves. [ 8 ] 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 still in danger and that the measures suggested meet his needs and deemed to be in his best interest.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 9 ] GRANTS the application; [ 10 ] DECLARES that the security and development of the child are compromised, according to

section 38 b)1 iii and

c) of the Youth Protection Act [ 11 ] ORDERS that the child remains with her parents; [ 12 ] ORDERS the parents to remain sober and without any violent behaviour in the presence of the child; [ 13 ] ORDERS the parents to take an active

part in the application of the measures ; [ 14 ] ORDERS the parents to report in person, at regular intervals, to the DYP to inform him of the current situation; [ 15 ] RECOMMENDS the parents to seek help through the Social Services concerning their alcohol and personal issues; [ 16 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child and her family; [ 17 ] ENTRUSTS the situation of the child to the DYP who shall then see that the measures are carried out; THE WHOLE until October 31, 2020. ___________________________________ Dominique Wilhelmy, J.C.Q.

Signed on Mtre Robert André Adam Counsel for the Director of Youth Protection Mtre Laurence Migué Counsel for the child Mtre Angèle Tommasel Counsel for the mother