2020 QCCQ 9976, 2020 QCCQ 9976

Protection de la jeunesse — 201472 2020 QCCQ 9976 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division » No: 640-41-002380-191; DATE: January 23, 2020 ______________________________________________________________________ BY THE HONOURABLE LUCIE GODIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , duly authorized by the Director Youth Protection A. APPLICANT and X, born on [...], 2015.

CHILD and A MOTHER and B FATHER ______________________________________________________________________ JUDGMENT ( Sections 38 and 91 of the Youth Protection Act CQLR c. P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (The Director) submitted an application to the Court for the security and development of the child to be declared endangered under sections 38 b) (1) iii): Neglect in terms of supervision and 38 c): Psychological ill-treatment on the part of the parents of the Youth Protection Act . [ 2 ] The Director alleged a long series of facts.

This judgment refers to those facts : [ 3 ] The Director recommends that the Court entrust the child to her parents and that it order several assistance measures including a follow-up by Social Services until November 30, 2020. [ 4 ] The parents admit most of the facts alleged in the application. They nuance some of them in order to express that the situation has improved. They agree with the recommendations proposed. [ 5 ] The evidence reveals the following facts : [ 6 ] The child is 5 years old.

SECURITY AND DEVELOPMENT: [ 7 ] The parents consumed alcohol while the child was under their care. [ 8 ] The mother displays important conjugal violence related injuries. [ 9 ] The mother refused to go home after the birth of her youngest child as she was scared of the father. [ 10 ] The child was exposed to conjugal violence on the part of her parents. [ 11 ] The police had to intervene in order to ensure the child’s safety, namely on August 31, 2019. THEREFORE, THE COURT: [ 12 ] GRANTS the application; [ 13 ] DECLARES that the security and development of X are compromised under sections 38b) (1) iii) and 38

c) of the Youth

Protection Act ; MEASURES: [ 14 ] ORDERS that the child remain with her parents; [ 15 ] ORDERS that the parents report periodically to the Director on the measures they apply in their own regard or in their child’s regard to put an end to the situation of endangerment; [ 16 ] ORDERS that the parents take an active

part in the application of any measures ordered by the Tribunal; [ 17 ] ORDERS that the parents report in person, at regular intervals, to the Director to inform him of their current situation; [ 18 ] ORDERS that the parents remain sober in the presence of the child; [ 19 ] ORDERS that the parents remain without any violent behaviors in the presence of the child; [ 20 ] ORDERS that the parents seeks help through the Social Services and continue their collaboration with them concerning their alcohol consumption, conjugal violence and personal issues; [ 21 ] ORDERS that aid, counsel and assistance be provided to the child and her family until November 30, 2020; [ 22 ] ENTRUSTS the situation of the child to the Director of Youth Protection A who shall see that the measures are carried out.

Signed in Town A on March ______ 2020 ________________________________ LUCIE GODIN, J.C.Q. Mtre. Karianne Asselin Cain Lamarre – Town B Attorney for the applicant Mtre. Laurence Migué Legal Aid Office – Town B Attorney for the child Mtre. Alexander Grey (en remplacement de Mtre. Angèle Tommasel) Yves Ménard avocats inc. Attorney for the mother Mtre. Geneviève Lucas Desmarais Desvignes Crespo s.e.n.c.r.l. – Town A Attorney for the father Date of hearing: January 23, 2020