2013 QCCQ 17002, 2013 QCCQ 17002

Protection de la jeunesse — 135626 2013 QCCQ 17002 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division 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 A PETITIONER AND X 640-41-001627-139 Born on […], 2011 AND Y 640-41-001628-137 Born on […], 2012 CHILDREN AND A MOTHER AND B FATHER ______________________________________________________________________ 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 and Y 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 children. [ 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 and Y. [ 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; (parentheses added by the undersigned) 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 children, declares that these measures are in their best interest and respect their rights. [ 5 ] The Court is of the opinion that these measures are likely to put an end to the situation that endangers the children and that the consents given by the parents were given of their 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 children are endangered; [ 9 ] ORDERS the implementation of the measures listed in the draft agreement (see attached document); [ 10 ] ENTRUSTS the situation of the children 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 Claude Beaudet Lawyer for the father M e Michel Grenier Lawyer for the mother Date of hearing: September 9, 2013