2012 QCCQ 19059, 2012 QCCQ 19059

Protection de la jeunesse — 128179 2012 QCCQ 19059 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division NO: 605-41-000716-118 DATE: October 9, 2012 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection of the Centre Jeunesse A PETITIONER AND X Born on […], 2011 CHILD AND A MOTHER ______________________________________________________________________ JUDGMENT ON DRAFT AGREEMENT (Sections 95, 76.3 and 76.4 of the Youth Protection Act ) R.S.Q., c.

P-34.1 ) ______________________________________________________________________ [ 1 ] The Director of Youth Protection submits a motion to review and extend a decision rendered on February 17, 2012, ordering the placement of X in a foster family for a period of six months. At the hearing, X is represented by M e Caroline Veillette-Jackson. The mother, also present, is represented by M e Louis Bigué. M e Marie-Michèle Boulanger acts on behalf of the petitioner. [ 2 ] The parties submit a draft agreement.

The admissions made by the mother in this draft agreement have been made freely after having received all the relevant information.

These facts are: 2.1 Since the last judgement rendered, the mother's situation has not evolved; 2.2 The mother is entrusted to a foster family until February, 2013; 2.3 The child has been placed since her birth in the same foster family as the mother; 2.4 The mother has been collaborating well to the social follow-up since the last judgement rendered; 2.5 The mother and the child had few contacts with B who is the child's biological father; 2.6 In the past, B and the mother had a conflictual relationship marked by the father's physical and verbal violence 2.7 The mother assumes the child but help and supervision are still necessary; 2.8 The foster family continues to supervise the mother in caring for the child; 2.9 The mother takes good care of the child but she has to be supervise (sic) by the foster family. [ 3 ] The mother also declares that she gave a free and enlightened consent to the proposed measures which are: 3.1 Maintains that the security and development of the child is (sic) still in danger; 3.2 That the child be entrusted to a foster family until February 17 th , 2013; 3.3 That a person working for an institution or body provide aid, counselling or assistance to the child and the mother for a period of

eighteen (18) months; 3.4 That the contacts between the child and Mr.

B be supervised by the DYP regarding frequency and modalities; 3.5 That the child receives (sic) health care and health services required by her situation; 3.6 Authorize the exchange of information between the professionals that give services to the family and the DYP regarding the evolution of the situation and collaboration; 3.7 Entrust the child's situation to the DYP. [ 4 ] X's lawyer declares to the Court that these measures are in the best interest of her young client and respect her rights. [ 5 ] The Court, satisfied of the quality of the consent given and satisfied that the proposed measures are likely to put an end to the situation that endangers the child's security and development: [ 6 ] ORDERS the implementation of the draft agreement; [ 7 ] ORDERS the mother to collaborate with the Director of Youth Protection for the execution of these measures and, consequently: [ 8 ] GRANTS the motion; [ 9 ] DECLARES that the security and development of X, born on […], 2011, are still endangered; [ 10 ] ORDERS the placement of the child in a foster family until February 17, 2013; [ 11 ] ORDERS that a person working for an institution or body provide aid, counsel, and assistance to the child and the mother for a period of eighteen (18) months; [ 12 ] ORDERS that the contact between X and Mr.

B be supervised by the Director of Youth Protection regarding frequency and modalities; [ 13 ] ORDERS that X receive health care and health services required by her situation; [ 14 ] AUTHORIZES the exchange of information between the professionals providing services to the family and the Director of Youth Protection as to the evolution of the situation and the collaboration of their clients; [ 15 ] ORDERS any police force to collaborate with the execution of the court orders if required to do so by the Director of Youth Protection or one of its representatives; [ 16 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of the execution of the measures ordered. __________________________________ LUCILLE CHABOT, J.C.Q.

M e Marie-Michèle Boulanger Lawyer for the petitioner M e Caroline Veillette-Jackson Lawyer for the child M e Louis Bigué Lawyer for the mother Date of hearing: August 31, 2012