2017 QCCQ 6809, 2017 QCCQ 6809

Protection de la jeunesse — 173054 2017 QCCQ 6809 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000751-172 DATE: May 26, 2017 ______________________________________________________________________ BY THE HONOURABLE MARIE-CLAUDE BÉLANGER, J.C.Q. ______________________________________________________________________ MRS [SOCIAL WORKER 1], exercising her profession at the Centre intégré de santé et de services sociaux A, having a place of business at [...] in City A, district A, [...] Applicant -and- X, domiciled and residing at [...] in City B, district A, [...] Child -and- MRS A, domiciled and residing at [...] in City B, district A, [...] Mother -and- MR B, domiciled and residing at [...] In City C, [province A], [...] Father ______________________________________________________________________ JUDGMENT ON A DRAFT AGREEMENT (Sec. 76.3 and 76.4 Youth Protection Act ) ______________________________________________________________________ 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 makes an application to have the security and the development of X, born on [...], 2010, declared endangered. [ 2 ] The parties submitted to this Court a draft agreement on measures to put an end to the situation that compromises the security and the development of the child. [ 3 ] The child is absent but represented by a lawyer.

The parents are both present and not represented. [ 4 ] The draft agreement states that the consent of the parties was given in a free and enlightened manner. The parties acknowledge the following facts which endanger the security and the development of X: 2.1 The parents have been separated for several years; 2.2 The child and his brother live with the mother, her spouse Mr C and their half-sister; 2.3 The contacts between the father and the child usually occur once or twice a month through a web camera; 2.4 The mother and her spouse both smoke cannabis regularly; 2.5 The mother and Mr.

C are often in conflict; 2.6 More than one time, the child was exposed to conjugal violence between the mother and Mr. C; 2.7 The child asserts that he goes in his room when disputes occur between his mother and Mr. C; 2.8 On December 19, 2016, while the child was present at the domicile, Mr. C found the mother in the garage trying to hang herself with a tie. Afterwards, Mr. C said that he lied about it; 2.9

2.10 The mother and Mr. C have been separated for a short period of time in September 2016 and in January 2017; 2.11 As for Mr. C, he admits that the mother and himself need help regarding their conjugal relationship; 2.12 In 2015, the director had received a report regarding the child stating, among other things, that he was exposed to conjugal violence; 2.13 After evaluation, the director had closed the file after referring Mr. C to the Groupe Image for a follow-up regarding anger management; 2.14 In fact, it seems that Mr.

C did not follow through; [ 5 ] They also agree on several measures in order to put an end to the situation which endangers the child’s security and development: 3.1 That the child be entrusted to his mother and that the child’s 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 in which the security or development of the child is in danger; 3.2 That the contacts between the children (sic) and his father be supervised by the DYP as to the frequency, duration and modalities; 3.3 That the child and the child’s parents take an active

part in the application of any of the measures ordered by the tribunal; 3.4 That the mother and her partner maintain their couple counseling follow up; 3.5 That the mother and her partner authorizes the exchange of relevant information between the professionals; 3.6 That the mother and her partner Mr. C do not expose the children to conflict; 3.7 That the mother and Mr.

C seek a drug addiction evaluation and a follow up if necessary; 3.8 That the mother goes through a medical evaluation and follows through with the doctor’s recommendations if needed; 3.9 That a person working for a (sic) institution or body provide aid, counseling or assistance to the child and the child’s family; 3.10 That the mother reports, at regular intervals, to the director to inform him of the current situation; All those measures for a period of 12 months. [ 6 ] Accordingly, the Court is of the opinion that the measures are likely to put an end to the situation and respect the rights and the interest of the child.

FOR THESE REASONS, THE COURT: [ 7 ] GRANTS the motion; [ 8 ] DECLARES that the security and development of X are in danger according to sections 38(b) (2) and 38(

c) of the Youth Protection Act ; [ 9 ] ORDERS the implementation of the measures mentioned in the draft agreement sighed and submitted by the parties; [ 10 ] ORDERS the parties to respect these measures; [ 11 ] ORDERS that any police officer to collaborate in the execution of the present order, if required; [ 12 ] ENTRUSTS the situation of the child to the Director of the Youth Protection for the purpose of executing the measures agreed upon between the parties. __________________________________ MARIE-CLAUDE BÉLANGER, J.C.Q.

M e Julie Lemire Lemire, Gaouette & Martel Centre intégré de santé et de services sociaux Lawyer for the D.Y.P. M e Daniel Ouellette Legal Aid Lawyer for the child Date of hearing: May 16, 2017