2017 QCCQ 17318, 2017 QCCQ 17318

Protection de la jeunesse — 177719 2017 QCCQ 17318 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000755-173 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, residing at [...] in City B, district A, [...] Child -and- MRS A, domiciled and residing at [...] in City B, district A, [...] Mother ______________________________________________________________________ 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 [...], 2014, 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 also present and represented. [ 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 Because the mother had difficulties to provide for the child’s basic needs, the child has been the object of an agreement on voluntary measures from July 2014 to February 2015; 2.2 During the fall of 2015, for the same reasons, the director received a new report regarding the child; 2.3 Since November 2015, the child is the object of agreements on voluntary measures; 2.4 As it appears from the agreements previously filed under D-4, the child has been entrusted to the foster family of Mrs.

C in July 2016; 2.5 Presently, it is not possible to return the child to her mother; 2.6 The mother does not have a follow-up for her mental health and/or for her drug addiction problem, denied by mother; 2.7 It is difficult for the director’s delegates to meet with the mother, to get in touch with her, denied by mother; 2.8 The mother does not have regular contacts with the child; 2.9 Recently, on April 13, 2017, the mother began to take the necessary steps in order to enter in a rehabilitation centre; [ 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 of 6 months; 3.2 That the visits between the child and her mother be supervised as to their terms, frequency, modalities and with the presence of a third party approved previously by the DYP if judged necessary; 3.3 That aid, counselling and assistance be provided to the family for a period of 6 months; 3.4 That the mother continue 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 mother collaborate actively in the follow-up with the DYP; 3.7 That X receives all the health services required by her situation; [ 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