2013 QCCQ 18707, 2013 QCCQ 18707

Protection de la jeunesse — 137278 2013 QCCQ 18707 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth chamber No: 635-41-000444-114 DATE: Hearing and oral judgment: November 14, 2013 Written judgment: December 13, 2013 ______________________________________________________________________ BY THE HONOURABLE JUANITA WESTMORELAND-TRAORÉ, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 1999 [Social Worker 1] , youth protection worker, duly authorized by the Director of Youth Protection A working in City A Applicant -and- A , residing and domiciled in City B , Quebec, district A Mother -and- B, presently detained at the Detention Center A, Quebec, district B, Father ______________________________________________________________________ JUDGMENT – DRAFT AGREEMENT (

Section 95 ( par.3) , Youth Protection Act , R.S.Q. c. P-34.1) ______________________________________________________________________ [ 1 ] The Court is seized with a Motion in Revision of a judgment of the Honourable Judge Claude Bigué, rendered September 18, 2012, pursuant to

Section 95 of the Youth Protection Act , hereinafter referred to as the Act; [ 2 ] The child X and her mother were both present at the hearing and represented by their respective lawyers; the father was not present but was represented by his lawyer; [ 3 ] The Director of Youth Protection is seeking the extension of the placement of the child X in the intermediate resource related to the Rehabilitation Centre A, as well as continuing services for her, aid, counsel and assistance for her and her family, therapy for the parents for their personal issues, and parental skills training for both parents, the whole for a period of 7 months; [ 4 ] The Director is also seeking an Order that a life plan be developed for X; [ 5 ] The Director asks that visits with the child be supervised in terms of frequency, modalities, and degree of supervision. [ 6 ] A Revision Report, prepared October 25, 2013 by [Social Worker 1], was filed as Exhibit D-2; [ 7 ] The parties submitted a Draft Agreement, dated November 13, 2013, as Exhibit D-3; [ 8 ] According to the terms of this agreement, the parties admit the allegations of the Motion, notably, that the situation of the father has not changed since he is now serving a sentence of 18 months for failure to comply with a probation order, possession of a substance, breaking and entering and sexual assault;

[ 9 ] The parties admit that the situation of the mother has improved somewhat but that she still has not sought assistance for her consumption of alcohol nor former domestic violence problems; [ 10 ] The child X continues to display physical and mental limitation, but her situation has improved and has stabilized; she is presently placed in the intermediary resource of the Centre de Réadaptation A), more specifically A's place, and she still receives medical and monitoring services, in particular for her brain tumour.

X is generally evolving well. [ 11 ] The parties agree to the measures sought by the Director; [ 12 ] The Court concludes that the terms of the Draft Agreement are in the best interest of X and respect her rights; [ 13 ] FOR ALL THESE REASONS, THE COURT: [ 14 ] GRANTS the Motion according to the terms of the Draft Agreement produced as Exhibit D-3; [ 15 ] DECLARES that the security and development of X continue to be in danger; [ 16 ] ORDERS that the child X be placed in an intermediate resource related to the Rehabilitation Centre A; [ 17 ] ORDERS that X attend school regularly; [ 18 ] ORDERS that X receive all the services needed by her condition; [ 19 ] ORDERS that the contacts be encouraged between the mother and her daughter, as long as such contacts remain positive for the youth; [ 20 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to X and her family; [ 21 ] ORDERS that the parents attend therapy or treatment for their alcohol abuse problem, notable through a regular follow-up with the CLSC, youth protection or through a treatment center such as treatment center A; [ 22 ] ORDERS that the mother participate in a parental skill training provided by the D.Y.P. and/or by the C.L.S.C.; [ 23 ] ORDERS that the father participate in parenting skill training provided either by the C.L.S.C. and/or the D.Y.P.; [ 24 ] ORDERS that contacts between the child and the parents be supervised by the Director of Youth Protection in terms of frequency, modalities and degree of supervision; [ 25 ] ORDERS that a life plan be elaborated for X; [ 26 ] THE WHOLE for a period of seven months ; [ 27 ] ENTRUSTS the situation of the child X to the Director of Youth Protection A who shall then see that the measures are carried out; [ 28 ] ORDERS the police to collaborate to the execution of the enactment. _______________________________________ JUANITA WESTMORELAND-TRAORÉ, J.C.Q.

M e Stéphanie Gauvreau Lawyer for the child M e Robert-André Adam Lawyer for the D.Y.P. Me Angèla Tommasel Lawyer for the mother M e Marie-Claude De Gagné Lawyer for the father Date of hearing: November 14, 2013