2013 QCCQ 9935, 2013 QCCQ 9935

Protection de la jeunesse — 132794 2013 QCCQ 9935 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth Division No: 640-41-001240-099 / 640-41-001246-096 / 640-41-001247-094 DATE: April 29, 2013 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, J.Q.C. ______________________________________________________________________ IN THE MATTER OF : X, born on […], 2003 Y, born on […], 2003 Z, born on […], 2000 [SOCIAL WORKER 1] , Youth Protection worker, duly authorized by the Director of Youth Protection A., working in City A Applicant v.

A , residing and domiciled in City A, district of Quebec, province A Mother and B , residing and domiciled in City A, district of Quebec, province A Father ______________________________________________________________________ JUDGMENT ( Sections 76.3 and 76.4 , Youth Protection Act, R.S.Q. c. P-34.1 ) ______________________________________________________________________ [ 1 ] After the filing of a motion asking the Court to extend and review the situation of the children X , born on […], 2003, Y, born on […], 2003 and Z, born on […], 2000, according to

section 95 of the Youth Protection Act , the parties submitted to this Court a draft agreement on measures to put an end to the situation that compromises the security and development of the children. [ 2 ] The children were represented by a lawyer. [ 3 ] The draft agreement states that the consent of the parties was given in a free and enlightened manner. The validity of the consent was confirmed at the hearing.

They acknowledge the facts that endanger the security and development of the child X and the draft detailed these facts : 2.1 The situation of the father remains the same; 2.2 Since de last Court hearing, the mother is regularly outside of the community, because of medical reasons; 2.3 The mother had regular contacts with the children; 2.4 However, the Youth Protection has not been able to reintegrate the children with their mother due to her numerous absences; 2.5 The children are doing well in their foster home; (Integral reproduction) [ 4 ] The measures proposed for the child X are the following : 3.1 X remains in foster placement for an additional six months with progressive reintegration in her mother's horme, as soon as the situation allows ; 3.2 She visits regularly at her mother's home with overnights ; 3.3 The mother respects the visitation

schedule ; 3.4 That the parents ensure that they and all the members of their family are sober at all times in the presence of the children; 3.5 That the D.Y.P. conducts unannounced visits to the home to ensure that the measures are being followed; 3.6 That the mother collaborates with the school;

3.7 That the mother continues to work on her anger issues; 3.8 That the mother be offered regular support by a psychologist in person or by telephone; 3.9 That aid, counsel, and assistance be provided to the family for a period of 12 months; 3.10 That the police collaborate in the execution of the present order; 3.11 That the situation of the children be entrusted to the Director of Youth Protection for the purpose of the execution of the measures ordered by the Court. (Integral reproduction) [ 5 ] The draft agreement states that the consent of the parties was given in a free and enlightened manner.

The validity of the consent was confirmed at the hearing.

They acknowledge the facts that endanger the security and development of the child Y and the draft detailed these facts : 2.1 The situation of the father remains the same; 2.2 Since de last Court hearing, the mother is regularly outside of the community, because of medical reasons; 2.3 The mother had regular contacts with the children; 2.4 However, the Youth Protection has not been able to reintegrate the children with their mother due to her numerous absences; 2.5 The children are doing well in their foster home; (Integral reproduction) [ 6 ] The measures proposed for the child Y are the following : 3.1 Y remains in his mother horme ; 3.2 The mother collaborates with the D.Y.P. to help Y overcome his acting out behavior ; 3.3 That the parents ensure that they and all the members of their family are sober at all times in the presence of the children; 3.4 That the D.Y.P. conducts unannounced visits to the home to ensure that the measures are being followed; 3.5 That the mother collaborates with the school; 3.6 That the mother continues to work on her anger issues; 3.7 That the mother be offered regular support by a psychologist in person or by telephone; 3.8 That aid, counsel, and assistance be provided to the family for a period of 12 months; 3.9 That the police collaborate in the execution of the present order; 3.10 That the situation of the children be entrusted to the Director of Youth Protection for the purpose of the execution of the measures ordered by the Court. (Integral reproduction) [ 7 ] The draft agreement states that the consent of the parties was given in a free and enlightened manner.

The validity of the consent was confirmed at the hearing.

They acknowledge the facts that endanger the security and development of the child Z and the draft detailed these facts : 2.1 The situation of the father remains the same; 2.2 On June 19, 2012, the youth was integrated in a specialized resource, the specialized Foster Home in City A in order to prepare the reintegration with the mother; 2.3 With the support of the Youth Protection, the reintegration of the youth in the community went well; 2.4 Since the last Court hearing, the mother was regularly outside of the community, notably for medical reasons; 2.5 On November 15, 2012, the youth was reintegrated with the mother on a fulltime basis; 2.6 The collaboration of the parents with the Youth Protection is regular; (Integral reproduction) [ 8 ] The measures proposed for the child Z are the following : 3.1 Z remains in her mother's horme ;

3.2 That the parents ensure that they and all the members of their family are sober at all times in the presence of the children; 3.3 That the D.Y.P. conducts unannounced visits to the home to ensure that the measures are being followed; 3.4 That the mother collaborates with the school; 3.5 That the mother continues to work on her anger issues; 3.6 That the mother be offered regular support by a psychologist in person or by telephone; 3.7 That aid, counsel, and assistance be provided to the family for a period of 12 months; 3.8 That the police collaborate in the execution of the present order; 3.9 That the situation of the children be entrusted to the Director of Youth Protection for the purpose of the execution of the measures ordered by the Court. (Integral reproduction) [ 9 ] The Court is of the opinion that the measures are likely to put an end to the situation and respect the rights and interest of the children. [ 10 ] FOR THESE REASONS, THE COURT : [ 11 ] GRANTS the motion; [ 12 ] ENDORSES the draft agreement; [ 13 ] ORDERS the placement of X, born on […], 2003, in a foster family for a period of six (6) months with progress reintegration to the mother's home; [ 14 ] ORDERS that Y, born on […], 2003 and Z, born on […], 2000, be entrusted to their mother; [ 15 ] ORDERS that visits for X be on a regular basis at the mother's home, as soon as the situation allows; [ 16 ] ORDERS that X visits regularly at her mother's home with overnights; [ 17 ] ORDERS the Director of Youth Protection to conduct unannounced visits to the home to ensure that measures are being followed; [ 18 ] ORDERS the mother to collaborate with the school for the children; [ 19 ] ORDERS the mother to continue to work on her anger issues; [ 20 ] ORDERS that the mother receive regular follow up by a psychologist by phone or in person; [ 21 ] ORDERS that aid, counsel and assistance be provided to the parents and the children for a period of twelve (12) months; [ 22 ] ORDERS the collaboration of the police for the execution of the present order; [ 23 ] ENTRUSTS the children's situation to the Director of Youth Protection, who shall see to the execution of the enactment. __________________________________ RENÉE LEMOINE, J.Q.C.

Me Yan Massé For the children Me Angèle Tommasel For the mother Me Marianne Gagnon-Bourget For the applicant

Date of hearing : City A, January 22, 2013