2019 QCCQ 17370, 2019 QCCQ 17370

Protection de la jeunesse — 196201 2019 QCCQ 17370 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005550-176 760-41-005549-178 DATE: May 17, 2019 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X, born [...], 2010 Y, born [...], 2006 Children ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant v.

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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] On February 26, 2018, the Court declares that the security and the development of the children are in danger in reason of psychological ill-treatment stemming from a persistent parental conflict.

The Court further homologates an agreement having intervened between the parties providing more specifically for a series of protective measures to be applied for 18 months, while maintaining the children in their parental environment on a shared custody basis. [ 2 ] One of the services agreed upon is the children’s participation in a therapeutic environment called « Groupe A ». Although the children are enrolled in this group, the parties are subsequently made aware that this service is not available in English.

The parties agree that in this context, the children will not be able to adequately share their emotions and benefit from this group. [ 3 ] However, the parties agree that the other services put in place, namely that of a homebound educator and the social follow-up, are sufficient to meet the needs of the rehabilitation process.

They consent to the revision of the order in order to withdraw the children’s participation in « Groupe A ». [ 4 ] Seeing the evidence and the joint position of the parties, the Court endorses the application for the partial revision of the order. [ 5 ] FOR ALL THESE REASONS, THE COURT: [ 6 ] GRANTS the applications for protection; [ 7 ] DECLARES the security and the development of the children still in danger; [ 8 ] PARTIALLY REVISES the Court order rendered on February 26, 2018; [ 9 ] WITHDRAWS the following protective measure : That the child and the parents participate actively in the measures which will enable to correct the situation, namely:

f) That the child partakes in «groupe A» therapy falling (sic) which and if further recommended by confidence, the children will have access to a psychological follow-up; [ 10 ] MAINTAINS all other conclusions rendered on February 26, 2018, not inconsistent with the present judgment;

[ 11 ] ALL THESE MEASURES until August 26, 2019; [ 12 ] ENTRUSTS the situation of the children to the Director of Youth Protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Anne Catherine Bujold Attorney for the Applicant Me Karine P. Poissant Attorney for the children Date of hearing: May 17, 2019