2017 QCCQ 20127, 2017 QCCQ 20127

Protection de la jeunesse — 1710334 2017 QCCQ 20127 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000212-177 DATE: June 28, 2017 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on December 22, 2004 CHILD ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of A, working in City A APPLICANT AND A MOTHER AND B FATHER ______________________________________________________________________ JUDGMENT (

Section 38 and 91 of the Youth Protection Act CQLR c. P-34.1) ______________________________________________________________________ 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 submits a motion asking the Court to declare the security and development of X, 12 years old, endangered pursuant to paragraphs b) 2° of

section 38 of the Youth Protection Act . [ 2 ] Mtre. Camille Champeval acts on behalf of the applicant, Mtre. Constantin Kiryakidis represents the child, and Mtre. Michel Grenier, the mother. The father is present, but not represented by counsel. [ 3 ] All the allegations of the petition are admitted by the parties. These admissions are: • The child was exposed to violence between his parents; • Mr. B was violent with the mother and their relationship ended about two years ago; • The child’s siblings, Y and Z, have exhibited aggression in the home and behavioural issues.

X has been exposed to his siblings’ behaviours; • The child exhibits anger issues, mostly at school and in the community when he is upset; • The mother is overwhelmed with her own situation and with the behaviours of the child’s siblings.

She is currently unable to provide the necessary structure and care to X; • The mother needs time to resolve her personal issues. [ 4 ] The parties agree to the measures recommended by the Director of Youth Protection and these measures are likely to put an end to the situation that endangers the security and the development of X. [ 5 ] FOR THESE MOTIVES, THE COURT: [ 6 ] GRANTS the motion; [ 7 ] DECLARES that the security and development of X, born on […], 2004, are endangered pursuant to paragraphs b) 2° of

section 38 of the Youth Protection Act ; [ 8 ] ORDERS the placement of X in a foster family for a period of three months;

[ 9 ] RECOMMENDS that the Director of Youth Protection assess if the child must be transferred to another foster family or not given the fact that she expresses a certain discomfort in her current foster family; [ 10 ] ORDERS that the mother engage in and complete a substance abuse treatment program; [ 11 ] ORDERS the parents not to put the child in presence of people under the influence of intoxicating substances; [ 12 ] ORDERS the parents to refrain from any form of physical discipline; [ 13 ] ORDERS the parents to ensure that the child is not exposed to violence; [ 14 ] ORDERS that the parents engage in counselling to ensure that they can co-parent the child effectively; [ 15 ] ORDERS that the parents be and remain sober when in presence of the child; [ 16 ] AUTHORIZES all service providers to the family to share information with the Director of Youth Protection regarding the evolution of the situation of their clients; [ 17 ] ORDERS that aid, counsel and assistance be provided to the child and his family for a period of one year; [ 18 ] ORDERS any policer officer to collaborate with the execution of the Court orders if requested to do so by the Director of Youth Protection or one of its representatives; [ 19 ] ENTRUSTS the situation of X to the Director of Youth Protection of A for the purpose of the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Camille Champeval DPJ A Lawyer for the applicant Mtre. Constantin Kiryakidis Centre communautaire juridique A Lawyer for the child Mtre. Michel Grenier Lawyer for the mother Mr. B Father Date of hearing: May 23, 2017