2013 QCCQ 10524, 2013 QCCQ 10524

Protection de la jeunesse — 133381 2013 QCCQ 10524 COURT OF QUEBEC CANADA PROVINCE […] DISTRICT [...] “Youth Division” Nos: 640-41-001438-123 640-41-001439-121 640-41-001440-129 DATE: August 1, 2013 ______________________________________________________________________ BY THE HONOURABLE MARC E.

GRIMARD ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A, working in B Applicant -and- X and Y , residing and domiciled in City B, province of Québec, district A Children -and- A , residing and domiciled in City B, province of Québec, district A Mother -and- B , residing and domiciled in City B, province of Québec, district A Father ______________________________________________________________________ JUDGMENT ( Sections 95 ( par. 1) and 75 , Youth Protection Act, R.S.Q., c.

P-34.1 ) ______________________________________________________________________ [ 1 ] The Court is seized of three motions according to

Section 95 of the Youth Protection Act . aiming to review a decision rendered on December 19, 2012 by the Honourable Judge Nancy McKenna in the situation of Z, born[…], 2002, X, born […], 2010 and Y, born[…], 2003.

At this time, the Court declared that the situation of the three children was still in danger, entrusted them to a foster family for a period of six months, ordered measures related to the parents’ alcohol and violence issues and other measures to provide help to the family. [ 2 ] At the hearing, a draft agreement under Sections 76.3 and 76.4 of the Youth Protection Act . was filed for each of the three children in order to put an end to the situation. The children and the mother are absent but represented. The father is present and represented.

M e Myriam Gaudreault, who is acting for M e Sarah Plamondon, is representing the mother who agrees with the terms of the draft agreements. All the parties and representatives signed the draft agreements. [ 3 ] The Court made sure that the parties gave their consent in a free and enlightened manner and that the measures proposed respect the rights and the interest of the children. [ 4 ] The Court will implement the draft agreements. THEREFORE, THE COURT: GRANTS the motions; DECLARES that the security and the development of Z, born […]2002, X, born[…] 2010 and Y, born[…], 2003, are compromised in accordance with

Section 38 of the Youth Protection Act .; ORDERS that the Director of Youth Protection of the A be entrusted with the situation of the children and see that the measures are carried out; HOMOLOGATES the draft agreements and the measures agreed which are: ORDERS that the three (3) children be entrusted to foster care for a period of six (6) months with the possibility of reintegration with the father when the situation allows it;

ENCOURAGES the parents’ access and visitation rights but only while the parents are sober; ORDERS that A attends treatment center regarding her alcohol problem; ORDERS that the police collaborate in the execution of this order; ORDERS that the parents participate actively in the applications of any measure ordered by the Court; ORDERS that a person working for an institution or body provides aid, counsel and assistance to the children and the parents. __________________________________ Marc E. Grimard, J.C.Q.

M e Gabriel Gaudreault Counsel for the applicant M e Angèle Tommasel Counsel for the children M e Sarah Plamondon Counsel for the mother M e Marie-Claude De Gagné Counsel for the father Date of hearing: July 16, 2013