2017 QCCQ 2991, 2017 QCCQ 2991

Protection de la jeunesse — 171034 2017 QCCQ 2991 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT [...] TOWN [...] Youth Division No: 610-41-000718-163 DATE: January 10, 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 Town A, district A, […] Applicant -and- X, residing at […] in Town B, district A, […] Child -and- MRS A, residing at […] in Town C, district A, […] Mother -and- MR B, residing at […] in Town C, district 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 […], 2014, 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 present and also 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 Both parents have an alcohol addiction problem; 2.2 The parents have a very difficult relationship; 2.3 For those reasons, among others, the child has been the object of an agreement on voluntary measures from July 2015 to May 2016; 2.4 On September 14, 2016, the police had to intervene at the parents domicile following a call from the mother; 2.5 The mother asserted that the father assaulted her; 2.6 On September 15, the child was entrusted to her aunt Mrs C for 30 days; as it appears from the copy of a provisional agreement during evaluation filed under D-4; 2.7 Following the provisional agreement that was reached, it was very difficult to meet the mother, but that has recently changed; 2.8 In fact, despite many attempts from the director’s delegates to reach the mother, they have been unable to reach her since September 23, 2016, but now are able to reach her;

2.9 As for the father, he was met more than one time and has offered a collaboration with our services; 2.10 When the father was met, he admitted that he needed help in order to deal with his anger; 2.11 The father also asserted that he wanted to enter a rehabilitation center in regard to his alcohol consumption; 2.12 The father also asserted that until September 14, the mother was drinking alcohol regularly and that it was a problem. The mother asserts that the father was also drinking.

The mother had been sober for four (4) weeks; 2.13 The child's aunt, Mrs C is ready to continue to take care of her. [ 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 Mrs.

C who will be eventually evaluated as a foster family for the period of 4 months with a period of reintegration with the parent who has improved the most; 3.2 That the child’s parents participate actively at the application of any measures ordered by the court; 3.3 That a person working for an institution or body provide aid, counseling or assistance to the child and the child’s family for a period of 12 months; 3.4 That the parents report in person at a regular intervals to the director to inform him of the current situation; 3.5 That the contacts between the parents and the children be supervised as for the modality and the frequency by the director. 3.6 That the parents receive a substance abuse evaluation and a follow-up if deemed necessary by the professional; 3.7 We recommend that the parents seek professionals help to resolve their couple problems regarding violence, communication and parental skills; 3.8 That the parents inform the director of any change of address or phone number within 48hrs after the change occurs. [ 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

section 38(

c) and 38(b) (2) of the Youth Protection Act ; [ 9 ] ORDERS the implementation of the measures mentioned in the draft agreement (D-6) signed and summited by the parties; [ 10 ] ORDERS the parties to respect the measures; [ 11 ] ORDERS to any police officer to collaborate to the execution of the present order if required; [ 12 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the purpose of executing the measures agreed upon between the parties. __________________________________ MARIE-CLAUDE BÉLANGER, J.C.Q.

M e Pierre Grygiel Lawyer for the DYP M e Daniel Ouellette Legal Aid Lawyer for the child M e Michel-Étienne Parayre Daoust Boulianne Parayre avocats inc. Lawyer for the mother M e Peggy Warolin Lawyer for the father

Date of hearing: December 20, 2016