2017 QCCQ 17319, 2017 QCCQ 17319

Protection de la jeunesse — 177720 2017 QCCQ 17319 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000756-171 DATE: July 19, 2017 ______________________________________________________________________ BY THE HONOURABLE MARIE-CLAUDE BÉLANGER, 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 [...] in City A, district A, [...] Applicant -and- X, domiciled at [...] in City B, district A, [...] Child -and- MRS A, domiciled and residing at [...] in City C district A, [...] Mother -and- MR B, domiciled and residing at [...] in City D, district A, [...] Father ______________________________________________________________________ JUDGMENT ON A DRAFT AGREEMENT (Sec. 76.3 and 76.4 Youth Protection Act ) ______________________________________________________________________ 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 makes an application to have the security and the development of X, born on [...], 2012, declared endangered. [ 2 ] 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. [ 3 ] The child is absent, but represented by a lawyer. The mother is present and represented. The father is absent.

While duly served, he does not wish to attend Court since he fears being arrested. [ 4 ] 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 The parents have been separated for more than three years; 2.2 Because the parents had difficulties to provide for the child’s basic needs, the child has been the object of judgments from the Court of Quebec, Youth division, from February 2013 to January 29, 2015; 2.3 During the fall of 2015, for the same reasons, the director received a new report regarding the child; 2.4 Since November 2015, the child is the object of agreements on voluntary measures; 2.5 As it appears from the agreements previously filed, the child has been entrusted to his maternal grandmother, Mrs.

C, in June 2016; 2.6 Presently, it is not possible to return the child to his parents; 2.7 The mother does not have a follow-up for her mental health and/or for her drug addiction problem, denied by mother; 2.8 It is difficult for the director’s delegates to meet with the mother, to get in touch with her, denied by mother;

2.9 The mother has regular contacts with the child that are usually supervised by the maternal grandmother; 2.10 Recently, on April 13, 2017, the mother began to take the necessary steps in order to enter in a rehabilitation centre; 2.11 As for the father, he was released from jail last January; 2.12 In March, the father had a visit with the child for the first time in two (2) years; 2.13 The father asserts that he wants to be present in the child’s life; 2.14 The child’s maternal grandmother, Mrs.

C, asserts that she is ready to continue to take care of him for as long as necessary; [ 5 ] 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 is entrusted to the foster family of Mrs.

C for a period 6 months; 3.2 That the visits between the child and her (sic) parents be supervised as to their terms, frequency, modalities and with the presence of a third party approved previously by the DYP if juged (sic) necessary; 3.3 That aid, counsel and assistance be provided to the family for a period of 6 months; 3.4 That the mother continues or restarts her follow-up for drug and addiction counselling; 3.5 That the professionals involved in the situation be allowed to exchange information regarding the parents and the children (sic) ; 3.6 That the parents collaborate actively in the follow-up with the DYP; [ 6 ] 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: [ 7 ] GRANTS the motion; [ 8 ] DECLARES that the security and development of the child are in danger according to sections 38(b) (2) and 38(

c) of the Youth Protection Act ; [ 9 ] ORDERS the implementation of the measures mentioned in the draft agreement sighed and submitted by the parties; [ 10 ] ORDERS the parties to respect these measures; [ 11 ] ORDERS that any police officer collaborates in the execution of the present order, if required; [ 12 ] ENTRUSTS the situation of the child to the Director of the Youth Protection for the purpose of executing the measures agreed upon between the parties. __________________________________ MARIE-CLAUDE BÉLANGER, J.C.Q.

M e Julie Lemire Lemire, Gaouette & Martel Centre intégré de santé et de services sociaux Lawyer for the D.Y.P. M e Catherine Dionne-Marcotte André Levasseur, Avocat Lawyer for the child M e Daniel Ouellette Legal Aid Lawyer for the mother Date of hearing: July 10, 2017