2012 QCCQ 13672, 2012 QCCQ 13672

Protection de la jeunesse — 125828 2012 QCCQ 13672 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001460-127 DATE: September 19, 2012 ______________________________________________________________________ BY THE HONOURABLE JOSÉE BÉLANGER J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 1998 mrs [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in city A, district A (Quebec) [...] Applicant and mrs A, residing and domiciled in city A, district A (Quebec) [...] Mother and mr.

B, residing and domiciled in city A, district A (Quebec) [...] Father ______________________________________________________________________ JUDGMENT ( Sections 38 , 75 and 76.1 , Youth Protection Act, R.S.Q., c. P-34.1 ) ______________________________________________________________________ [ 1 ] After the filing of a motion asking the Court to declare the security and development of X, born on [...], 1998, compromised, the parties submit to the Court a verbal agreement on measures likely to put an end to this situation. [ 2 ] Me Gabriel Gaudrault represents the applicant.

The child is present and is represented by her lawyer. Both parents are absent. [ 3 ] Mrs [social worker 1] testifies about their absence. The mother is sick. She is aware of the motion and she agrees with the recommendations of the Director of Youth Protection. Concerning the father he could not travel today but he is also aware of the motion and agrees with the recommendations.

Both parents collaborate very well with the Director of Youth Protection. [ 4 ] Considering the testimony of Mrs [social worker 1] the Court orders the parties to proceed without the presence of the parents. [ 5 ] The parties present to the Court a verbal agreement and the child's lawyer acknowledge the facts that endanger the security and development of the youth. [ 6 ] The measures proposed to the court are the following: • Entrusts the child to the treatment Center A until the completion of the treatment and according with the consent of the Center.

After the completion of the treatment the child will be reintegrated with her mother; • Takes judicial notice that the intake will be on August 27, 2012; • Orders to the parents to collaborate and respect the advices of the Center A and provide support to their child; • Recommends to the parents to undergo a treatment for alcohol issues; • Recommends to the mother to seek help for her parental skills and personal issues; • Orders that a person working for an institution or body provide aid, counselling or assistance to the child and her parents for a period of 12 months. [ 7 ] The Court is satisfied that the consent of the child concerning the measures proposed by the Director of Youth Protection has been given in a free and enlightened manner. [ 8 ] The Court is of the opinion that these measures are likely to put an end to the situation and respect the rights and interest of the child.

For these reasons, the COURT:

[ 9 ] Declares that the security and development of X, born on [...], 1998, is in danger pursuant

section 38

c) and

f) of the Youth Protection Act ; [ 10 ] Ratifies the agreement reached by the parties; [ 11 ] Orders the implementation of the measures enumerated in the agreement; [ 12 ] Entrusts the child's situation to the Director of Youth Protection for the execution of the present judgment. __________________________________ Josée Bélanger, J.C.Q. Me Gabriel Gaudrault, attorney for the Director of Youth Protection Me Yan Massé, attorney for the children Date of hearing: August 27, 2012