2013 QCCQ 10522, 2013 QCCQ 10522

Protection de la jeunesse — 133379 2013 QCCQ 10522 COURT OF QUEBEC CANADA PROVINCE […] DISTRICT [...] “Youth Division” Nos: 640-41-000902-061 640-41-000903-069 640-41-000904-067 DATE: July 29, 2013 ______________________________________________________________________ BY THE HONOURABLE MARC E.

GRIMARD ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A, working in A Applicant -and- X and Y , residing and domiciled in City A, province of Québec, district A Children -and- A , residing and domiciled in City A, province of Québec, district A Mother -and- B , residing and domiciled in City A, province of Québec, district A Father ______________________________________________________________________ JUDGMENT Sections 95 ( par. 1) and 75 , Youth Protection Act, R.S.Q., c.

P-34.1 ______________________________________________________________________ [ 1 ] The Court is seized of three motions according to

section 95 of the Youth Protection Act . aiming to review a decision rendered on August 15, 2008 in the situation of Y, born on November 10, 2005. and a decision rendered on October 26, 2009 in the situation of X and Y, born[…], 2003. [ 2 ] On August 15, 2008, the Honourable Judge Daniel Bédard declared that the security and the development of the three children were still endangered, entrusted X and Y to a foster home for a period of 12 months and Y to a foster home until she reaches the age of majority and ordered different measures to help the family. [ 3 ] On October 26, 2009, the Honourable Judge Jacques R.

Roy declared that the security and the development of the X and Y were still endangered, entrusted X and Y to a foster home until they reach the age of majority, ordered that X be psychologically assessed, ordered that the contact of the two children with their parents be supervised by the Director of the Youth Protection and ordered different measures to help the family until the majority of the 2 children. [ 4 ] At the hearing, the lawyers of the parties inform the Court that they acknowledge the facts showing that the security and the development of the three children are endangered and submit a draft agreement under sections 76.3 and 76.4, Y.P.A on measures to put an end to the situation.

The children and the mother are absent but represented. The father is absent without being represented. All the parties and their respective lawyer signed the draft agreement. [ 5 ] The Court made sure that the parties gave their consent in a free and enlightened manner and that the measures proposed respect the rights and the interest of the child. THEREFORE, THE COURT: GRANTS the motions; DECLARES that the security and the development of Y, born[…] , 2005 and X and, born[…] , 2003, are compromised in accordance with

Section 38 YPA; HOMOLOGATES the draft agreement and the measures agreed which are: ORDERS that the decisions and orders rendered on September 5, 2008 and October 26, 2009 be revised;

ORDERS that the three (3) children, X born […]2003 and Y, born […]2005, be allowed to live with their mother A in her home in A; ORDERS that the security and the development of the children continue to be declared in danger; ORDERS that Mrs. A and her children be offered aid, counsel and assistance for a further period of four (4) months; ORDERS that the police be ordered to collaborate in the execution of the enactment; ORDERS that the Director of the Youth Protection of the A be entrusted with the situation of the children and see that the measures are carried out. __________________________________ Marc E.

Grimard, J.C.Q. M e Gabriel Gaudreault Counsel for the applicant M e Joannie Jacob Counsel for the children M e Angèle Tommasel Counsel for the mother Date of hearing: June 18, 2013