2020 QCCQ 9470, 2020 QCCQ 9470

Protection de la jeunesse — 203461 2020 QCCQ 9470 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 525-41-036495-208 DATE: June 23, 2020 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2007 child and A 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.). [ 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 June 23, 2020. [ 2 ] The Director of Youth Protection (the Director) alleges that the child’s security or development is endangered as the parents do not meet the child’s basic needs in failing to provide him with the appropriate supervision. [ 3 ] Today, the Director recommends that the child remain entrusted to his parents’ care and that diverse support measures be ordered for a period of six months. [ 4 ] The parents still deny ever asking the child to stay out for one night.

They recognize that the way they intervene with him needs to change. The parents and the child are in agreement with the Director’s plan. Question in litigation [ 5 ] Are the proposed measures in the child’s best interest and are they respecting his rights? Context and Analysis [ 6 ] The child reports that during a conflict with his father, the latter has thrown his cell phone at him and broke his tablet. The child reports that on January 29, 2020, the father took his house keys and asked him to go away.

Consequently, the child spent that night outside on a park bench. [ 7 ] The father acknowledged that a dispute occurred with his son, where he threw his cellphone and smashed it on the child’s tablet. He reported that he asked his son to go to a friend’s place following school. At 4:30, the father called this friend who reported that the child was not home.

The mother went to look for the child at the library and at school. [ 8 ] The parents still deny that the child spent a night outside of the home. [ 9 ] On January 30, 2020, immediate protective measures were invoked and the child was placed in a foster family. Those measures were extended on February 3, 2020. [ 10 ] On February 10, 2020, the Tribunal ordered the provisional compulsory foster placement of the child in a foster family.

[ 11 ] On March 24, 2020, the Tribunal returned the child, on a provisional basis, to his parents’ care. [ 12 ] On April 7, 2020, the hearing had to be postponed due to the COVID-19 pandemic. [ 13 ] Since the child’s return home, the Director’s observations have been positive. [ 14 ] At school, the child does not present with any behavioural problems. He’s doing well academically but has some difficulties with French classes. [ 15 ] The parents and the adolescent recognize that they need to work on their communication.

The father also recognize that he needs to address and adjusts his methods of parenting his son. THEREFORE AND FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the application for protection; [ 17 ] DECLARES that the security or the development of the child is endangered (

section 38 b) 1 iii of the Youth Protection Act ); [ 18 ] ORDERS that the child remain entrusted to the care of his parents; [ 19 ] ORDERS that the parents ensure that the child’s basic needs are met; [ 20 ] ORDERS that the father refrain from using any form of aggression on the child; [ 21 ] RECOMMENDS that the family obtain therapeutic services to address their family dynamic; [ 22 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 23 ] THE WHOLE for a period of six months; [ 24 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on July 2, 2020 /cd Mtre Karine Jean-Baptiste Counsel for the Director of Youth Protection Mtre Alec Fafard Counsel for the child Mtre Francis Cloutier Counsel for the parents Date of hearing: June 23, 2020