2022 QCCQ 13856, 2022 QCCQ 13856
Opinion
Protection de la jeunesse — 224600 2022 QCCQ 13856 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 105-41-000487-182 DATE: July 5, 2022 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Petitioner and X born on [...], 2018 Child and A B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 9.2 and 9.3 and 135 Y.P.A.). [ 1 ] The Court is seized with an application for revision and extension of order. All parties chose to proceed by fast track under
section 95, 3 rd paragraph of the youth protection act. They signed an agreement of non-attendance by the parties to an uncontested Court hearing. That document states their consent to the measures that appear in the application. [ 2 ] At the light of the documentary evidence, the Court concludes that the application is well founded. [ 3 ] The previous judgment was rendered in November of 2021. Since then, the situation evolves positively. [ 4 ] At first, the children’s return to their parents’ care is challenging.
The boys show violent behaviours towards one another and they hardly calm down and listen to instructions. A specialized educator works with the family, and the parents cooperate satisfactorily. Difficulties resolve quickly and the children are increasingly appeased in the presence of their parents. [ 5 ] The parents are able to maintain their stability in terms of housing, income and their participation in support services offered. They both show parenting skills. [ 6 ] The older boy attends school in grade one, and the school staff has only positive comments about him.
The younger one will enter kindergarten in September. The parents foresee it will not be easy for him, since he has difficulty sharing his toys and when his parents leave the house. [ 7 ] Both parents have come a long way. The mother’s mental health has improved. She is calmer and more attentive to workers’ recommendations. The father has weekly meetings with an intervener from [Center A]. He shows better self-control than he did in the past. [ 8 ] These parents worked hard overtime to have their children entrusted back to them. Their progress is impressive.
It is in the children’s best interest to extend the follow-up to ensure that the family still receives support. WHEREFORE, THE COURT: [ 9 ] GRANTS the petition of revision and extension of order; [ 10 ] DECLARES that the security and development of X are still considered to be in danger according to
section 38 of the youth protection act ;
[ 11 ] REVISES AND EXTENDS the Court order rendered on November 12, 2021; [ 12 ] ORDERS that the child be entrusted to his parents; [ 13 ] ORDERS that the parents report periodically to the DYP on the measures they apply in their own regard or in their child’s regard to put an end to the situation in which the security or development of the child is in danger; [ 14 ] PROHIBITS the parents from exposing the child to any form of violence; [ 15 ] PROHIBITS the parents from denigrating each other in the presence of the child; [ 16 ] RECOMMENDS that the parents continue their implication in their follow-ups related to their personal problems; [ 17 ] AUTHORIZES continued personal relationship between the child and his siblings; [ 18 ] ORDERS that the parents actively participate in the application of the measures ordered to put an end to the situation of endangerment; [ 19 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and his family until April 30, 2023; [ 20 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment; [ 21 ] ORDERS the parties to conform themselves to the present judgment. _____________________________________________ JANICK POIRIER, J.C.Q.
Me Louyse A. Lemieux for the petitioner M. Sam Bernard, law intern for the child Me Ariane Cayer for the parents Written judgment filed on July 11, 2022
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