2013 QCCQ 16825, 2013 QCCQ 16825

Protection de la jeunesse — 135358 2013 QCCQ 16825 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth Division No: 610-41-000560-128 DATE: July 17, 2013 ______________________________________________________________________ BY THE HONOURABLE NANCY McKENNA, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], exercising her profession at the Centre jeunesse A, having a place of business at […], Town A, district A, […] Applicant -and- X, domiciled and residing at […] Town B, district A, […] Children -and- A, domiciled and residing at […] Town B, district A, […] Mother -and- B, domiciled and residing at […] Town B, district A, […] Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] After the filing of a motion asking the Court to declare that the security and development of X, born on […], 2011, are still in danger, 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. [ 2 ] The child was absent but represented by a lawyer.

The mother and the father were also present but only the mother was represented. [ 3 ] 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 the child: 2.1 Despite the help that was offered to the child and the parents during the last year, it has not been possible to put an end to the situation in which the security or development of the child is in danger; 2.2 The parents live together; 2.3 The parents still struggle with drugs and alcohol addiction; 2.4 When they use drugs and/or alcohol, it still happens that the parents fight; 2.5 Usually, when they decide to use drugs and/or alcohol, the parents entrust the child to a babysitter; 2.6 The father asserts that he is willing to go to a six months treatment for drugs and alcohol addiction; 2.7 As for the mother, she often says that she will go to treatment center, but did not yet; 2.8 The child has a very good bond with both her parents; 2.9 When they are sober, the parents provide good care to the child; 2.10 Both parents realize that their addiction problems can interfere with their capacity to take care of the child; 2.11 Both parents agree to continue to collaborate with our services.

[ 4 ] 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 Maintain that the security and development of X born, on […] 2011 are still in danger; 3.2 Entrust the child to the parents; 3.3 Order that the child attends a childcare establishment regularly; 3.4 Order to the parents to report periodically to the director on the measures they apply on their own regard and in the child’s regard to put an end to the situation in which the security and the development of the child is in danger; 3.6 Strongly recommend to both parents to receive an evaluation from centre A for their alcohol and drugs consumption problems; 3.7 Strongly recommend to both parents to attend a treatment center and to receive after care for their alcohol and drugs consumption problems; 3.8 Order that both parents do not consume any drugs or alcohol in the presence of the child; 3.9 Order to both parents to insure that the child is not in the presence of people in the influence of drugs and/or alcohol; 3.10 Strongly recommend to the mother to receive medical follow-up in regards to her mental health for as long as judged necessary by the professional; 3.11 Order that a person working for an establishment or an organism provides aid counselling and assistance to the child and her parents, for a period of twelve months; 3.12 Ackowledge (sic) that the parties agree that the different professional working with the parents and the children transmit pertinent information to the director; 3.13 Order that any police force collaborate in the execution of the present measures or orders. [ 5 ] 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. [ 6 ] FOR THE REASONS, THE COURT: [ 7 ] ORDERS the implementation of the measures mentioned in the draft agreement signed by the parties on July 10, 2013. __________________________________ NANCY McKENNA, J.C.Q.

M e Marie-Ève Nolet Lemire, Gaouette & Martel Centre jeunesse A Lawyer for the D.Y.P. M e Peggy Warolin Lawyer for the child M e Sylvie Gourd Lawyer for the mother Date of hearing: July 10, 2013