2017 QCCQ 19914, 2017 QCCQ 19914

Protection de la jeunesse — 1710338 2017 QCCQ 19914 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000216-178 DATE: June 27, 2017 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on [...], 2008 CHILD ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A APPLICANT AND A MOTHER AND B FATHER ______________________________________________________________________ JUDGMENT ( Sections 38 and 91 of the Youth Protection Act CQLR c.

P-34.1) ______________________________________________________________________ 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 submits a motion asking the Court to declare the security and development of X, eight years old, endangered pursuant to paragraphs b) 2° and

f) of

section 38 of the Youth Protection Act . [ 2 ] Mtre. Camille Champeval acts on behalf of the applicant, Mtre. Constantin Kiryakidis, represents the child, and Mtre. Michel Grenier, the mother.

The father is present, but not represented by counsel. [ 3 ] The parents admit all of the allegations of the petition and so does the child for the main allegations. [ 4 ] The admissions are: • The child has behavioural difficulties in school; • The child exhibits physical aggression towards peers and school staff when she gets upset; • The child has expressed not being able to control herself; • The child was exposed to violence between her parents; • The father was violent with the mother and the relationship ended about two years ago; • The mother is overwhelmed with her own situation and with the behaviours of X.

She is unable to provide the necessary structure and care to the child at the present time; [ 5 ] All the parties agree with the measures recommended by the Director of Youth Protection. Those measures respect the best interest of X and respect her rights. They are likely to put an end to the situation that endangers the security and development of X. [ 6 ] FOR THESE MOTIVES, THE COURT : [ 7 ] GRANTS the motion; [ 8 ] DECLARES that the security and the development of the X, born on [...], 2008, are endangered pursuant to paragraphs b) 2° and

f) of

section 38 of the Youth Protection Act ;

[ 9 ] ORDERS the placement of X in a foster family for a period of three months; [ 10 ] RECOMMENDS that the Director of Youth Protection assess if the child must be transferred to another foster family or not given the fact that she expresses a certain discomfort in her current foster family; [ 11 ] ORDERS that the mother engage in and complete a substance abuse treatment program; [ 12 ] ORDERS the parents to ensure that the child is not exposed to violence; [ 13 ] ORDERS that the parents engage in counselling to ensure that they can co-parent the child effectively; [ 14 ] ORDERS the parents not to put the child in presence of people under the influence of intoxicating substances; [ 15 ] ORDERS that the parents be and remain sober when in presence of the child; [ 16 ] ORDERS the parents to refrain from any form of physical discipline; [ 17 ] AUTHORIZES all service providers to the family to share information with the Director of Youth Protection regarding the evolution of the situation of their clients; [ 18 ] ORDERS that aid, counsel and assistance be provided to the child and her family for a period of one year; [ 19 ] ORDERS any policer officer to collaborate with the execution of the Court orders if requested to do so by the Director of Youth Protection or one of its representatives; [ 20 ] ENTRUSTS the situation of X to the Director of Youth Protection A for the purpose of the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Camille Champeval DPJ A Lawyer for the applicant Mtre. Constantin Kiryakidis Centre communautaire juridique A Lawyer for the child Mtre. Michel Grenier Lawyer for the mother Mr. B Father Date of hearing: May 23, 2017