2013 QCCQ 14461, 2013 QCCQ 14461

Protection de la jeunesse — 135116 2013 QCCQ 14461 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division NO: 640-41-001626-131 DATE: September 20, 2013 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker duly authorised by the Director of Youth Protection of the A of Health and Social Services A PETITIONER AND X Born on [...], 2008 CHILDREN AND A MOTHER ______________________________________________________________________ JUDGMENT ON DRAFT AGREEMENT (Sections 38 and 76.3 ff. the Youth Protection Act .) ______________________________________________________________________ [ 1 ] After the filing of a motion asking the Court to declare the security and development of X endangered, the parties submitted to this court a draft agreement on measures to put an end to the situation that compromises the security and development of the child. [ 2 ] All the parties are represented by lawyers.

The parties declare that they gave a free and enlightened consent to the measures contained in the draft agreement.

They also acknowledge the facts that endanger the security and development of X . [ 3 ] The measures proposed are the following: 3.1 That the children be placed in a foster home for 3 months with the possibility of reintegration with the mother or the father if the situation allows it; 3.2 That the parents continue to meet with the psychologist for further ongoing follow-ups; 3.3 That the father seeks (sic) counselling with the center A worker and attend a treatment for his addictions; 3.4 That the mother attends (sic) AA meetings on a weekly basis; 3.5 That aid, counsel and assistance be provided to the children and the parents for the period of one (1) year; 3.6 That the visitation rights between the mother and the father (with their children) be supervised by the Director of Youth Protection as for the modalities; 3.7 That the parents remain sober in the presence of the children at all times; 3.8 That the parents not to (sic) put the children in the presence of people under the influence of intoxicating substances; 3.9 That the mother will advise the Director of Youth Protection in the case of any change in her address; 3.10 That the parents collaborate with the Director of Youth protection and its representatives. [ 4 ] M e Gaudreault, on behalf of the child, declares that these measures are in his best interest and respect his rights. [ 5 ] The Court is of the opinion that these measures are likely to put an end to the situation that endangers the child and that the consent given by the mother was given of her own free will after having received all the necessary information.

[ 6 ] For these reasons, the Court: [ 7 ] GRANTS the motions; [ 8 ] DECLARES that the security and development of the child are endangered; [ 9 ] ORDERS the implementation of the measures listed in the draft agreement (see attached document); [ 10 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the purpose of the execution of the measures included in the draft agreement. __________________________________ LUCILLE CHABOT, J.Q.C. M e Robert-André Adam Lawyer for the petitioner M e Myriame Gaudreault Lawyer for the children M e Michel Grenier Lawyer for the mother Date of hearing: September 9, 2013