2017 QCCQ 17323, 2017 QCCQ 17323

Protection de la jeunesse — 177724 2017 QCCQ 17323 COURT OF QUEBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000764-175 DATE: October 10, 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 and 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 July 22, 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. [ 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 Since November 2015, the youth protection services are involved in the child’s situation because of the mother’s neglect and risk of neglect towards him, as it appears from a copy of the Agreements on voluntary measures produced in a bundle under exhibit D-4; 2.2 The mother struggles with a drug addiction problem; 2.3 The mother suffers from a generalized anxiety disorder; 2.4 Since December 2016, the mother’s situation has deteriorated; 2.5 The mother is unable to provide adequate routine, care, supervision, environment and stimulation to the child on a regular basis; 2.6 In April 2017, the last Agreement on voluntary measures was signed and the child was entrusted to his maternal grandfather, Mr B, for a period of four months that ends on August 12, 2017; 2.7 The mother moved in the grandfather’s home; 2.8 On or about August 3rd, 2017, the mother tried to buy cocaine from someone but that person took off with her money without giving her the drug; 2.9 The mother went door to door to find the above mentioned person and was offered or was asked to give sexual favours in exchange for the amount of money she lost;

2.10 The mother had the child with her during the whole series of events mentioned in the two paragraphs above; 2.11 The mother’s situation has not sufficiently improved to entrust the child back to her; [ 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 be entrusted to his maternal grandfather, Mr. B, until February 19, 2018 with a progressive reintegration with the mother; in the event that Mr.

B is accredited as a proximity foster family, that X be entrusted to him as such; 3.2 That the visit between X and his mother be determined byt (sic) the DYP as for terms, frequency and modalities, and supervised by a third party if judged necessary; 3.3 That aid, counsel and assistance be provided to the family for a period of 12 months; 3.4 That the mother gets evaluated by a psychiatrist and follows the directives of the psychiatrist as long as deemed necessary; 3.5 That the mother continues her follow-up in mental health until judged necessary by the professional; 3.6 That the mother continues her follow-up for drug and addiction counseling until udged (sic) necessary by the professional; 3.7 That the professionals involved in the situation be allowed to exchange information regarding the mother and the child; 3.8 That the mother collaborates actively in the follow-up with the DYP; 3.9 That X receives all the services required by his situation.

The consent of the parties to the present draft agreement was given in a free and enlighten matter.

FOR THESE REASONS, THE COURT: [ 6 ] GRANTS the motion; [ 7 ] DECLARES that the security and development of X are in danger according to sections 38(b) (1)iii. and 38(b) (2) of the Youth Protection Act ; [ 8 ] ORDERS the implementation of the measures mentioned in the draft agreement sighed and submitted by the parties; [ 9 ] ORDERS the parties to respect these measures; [ 10 ] ORDERS that any police officer collaborates in the execution of the present order, if required; [ 11 ] 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 Daniel Ouellette Legal Aid Lawyer for the child M e Jean-François Lacasse Lawyer for the mother Date of hearing: September 28, 2017