2016 QCCQ 9512, 2016 QCCQ 9512

Protection de la jeunesse — 164011 2016 QCCQ 9512 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000655-159 DATE: January 29, 2016 ______________________________________________________________________ BY THE HONOURABLE NANCY McKENNA, 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 […] at City A, district A, […] Applicant -and- X, domiciled and residing at […] at City A, district A, […] Child -and- MRS A, domiciled and residing at […] at City A, district A, […] Mother -and- M.

B, domiciled and residing at […] at City A, district A, […] Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 11.2.1 and 135 Y.P.A.). [ 1 ] After the filing of a motion asking the Court to declare the security and development of X, born on November 4, 2010, are still in danger, 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. [ 2 ] The child and the parents were present and represented by their lawyer. [ 3 ] 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 Since the beginning of the fall, the family situation is difficult; 2.2 Presently, the mother doesn’t work; 2.3 More precisely, the mother is on a sick leave because the doctors are trying to adjust her medication for depression; 2.4 Since the last judgment was rendered, the mother consumed drugs more than one time; 2.5 The mother told the applicant that she took speed a month ago; 2.6 The mother has mood swings; 2.7 During the last weekend (November 28-29), the mother had a serious argument with an ex-spouse, Mr.

C, in the presence of the child and other persons; 2.8 The mother admits that during that same week-end, she has been rude toward the child; 2.9 The mother admits that she used unreasonable methods of upbringing towards the child; 2.10 The mother entered a treatment center in City B on January 11, 2016, she should leave that center on January 24, 2016;

2.11 The mother changed her medication recently and has seen improvement in her psychological state; 2.12 On December 1 st , 2015, the mother accepted to reside to “La maison A” with her children until the hearing of applications under

section 76.1 YPA; 2.13 As for the father, he is not present in the child’s life; 2.14 The last contact between the father and the child occurred last April; 2.15 On December 3, 2015, the child was entrusted to his grand-mother D by the Court according to

section 76.1 YPA. [ 4 ] 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 (

X) remain entrusted to his maternal grandmother Mrs. D for a period of 6 months with the possibility of reintegration with the mother if the situation allows it, Mrs D currently residing at the mother’s place; 3.2 That an institution or body provide aid, counselling or assistance to the child and the child’s parents; 3.3 That the parents take an active

part in the application of the measures ordered by the court; 3.4 That the mother return to a treatment centre of her choice in regards to her addictions for the necessary time needed and actively participate in a follow up until necessary; 3.5 That the father be evaluated for his drug and alcohol consumption and participates in a follow up with the drug and alcohol counsellor if it is judged necessary and for as long as judged necessary by the professional; 3.6 That the contacts between parents and the child be supervised by the Director of Youth Protection as for the modalities, the frequency and the length and in the presence of a third party if necessary; 3.7 That both parents do not consume any drugs or alcohol in the presence of their child; 3.8 That the both parents ensure that their child is not in the presence of people under the influence or drugs or alcohol; 3.9 That the parents accept the exchange of information between all professionals implicated in the family’s life to put an end to the situation in which the security or development of the child is in danger; 3.10 That the police force collaborates to the execution of the Court order; 3.11 That the situation of the child be in the care of DYP to see the execution of the decision taken tribunal. [ 5 ] 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: [ 6 ] ENDORSES the draft agreement; [ 7 ] ORDERS the implementation of the measures mentioned in the draft agreement signed by the parties on January 20, 2016. __________________________________ NANCY McKENNA, J.C.Q. M e Julie Lemire Lemire, Gaouette & Martel Centre intégré de santé et de services sociaux Lawyer for the DYP M e Sébastien Lebel Lawyer for the child M e Michel-Étienne Parayre Daoust Boulianne Parayre Avocats inc. Lawyer for the mother M e Daniel Ouellette Legal Aid Lawyer for the father Date of hearing: January 20, 2016