2014 QCCQ 20992, 2014 QCCQ 20992

Protection de la jeunesse — 148943 2014 QCCQ 20992 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001724-142 DATE: April 15, 2014 ______________________________________________________________________ BY THE HONOURABLE NANCY McKENNA, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A , working in City A Applicant -and- X, residing and domiciled in City A , Quebec, district de A Youth -and- A, residing and domiciled in City A , Quebec, district of A Mother -and- B, detained at Detention Center in City B Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 ] After the filing of a motion asking the Court to declare the security and development of X , born on [...] , 1999 in danger, 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 youth. [ 2 ] The youth and the mother are both present and represented.

The father is absent, but represented by his lawyer. [ 3 ] 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 the youth: 4.1 The child had been in foster care since July 1 st , 2001; 4.2 The child had ongoing surgeries when she was at a very young age and the situation of the parents was unstable; 4.3 Therefore, the child had to be placed in foster care; 4.4 The child was placed in the foster family of Mr. C and Mrs.

D ; 4.5 This foster family provided and still provides a safe and stable home for the child; 4.6 The child had been living with them since the beginning of her placement; 4.7 The child is evolving very well in her foster family; 4.8 The child want to remain where she is right now; 4.9 Concerning her health, the child is still recovering from her surgeries and is getting stronger day by day; 4.10 The father is presently detained as it appears from a copy of his criminal record, filed as Exhibit D-2 ; 4.11 The father agrees with the continuation of placement in foster care of his daughter; 4.12 The mother is living with a new partner and she has been sober for a year now;

4.13 The mother agrees with the continuation of placement in foster care of her daughter; [ 4 ] They also agree on several measures in order to put an end to the situation, which endangers the youth's security and development. [ 5 ] Before implementing the draft agreement, the Court questioned the applicant in order to find out under which authority the youth has been in foster care since 2001. [ 6 ] According to the applicant, up to 2009 the youth was placed either under the Act respecting health services and social services [1] or following different agreements on voluntary measures.

Counsel for the applicant recognizes that since the expiration of the last agreement in 2011, the youth's situation wasn't referred to court until today. [ 7 ] The Court underlines that this situation clearly violates the Youth Protection Act as well as its spirit.

The removal of a child from the family environment must be done not only in respect of the general principles of the law, but also in accordance with the duty to inform the parents and in the best interest of the child. [ 8 ] Notwithstanding the foregoing, the Court is of the opinion that these measures are likely to put an end to the situation and respect the rights and interest of the youth.

FOR THESE REASONS, THE COURT: [ 9 ] IMPLEMENTS the present draft agreement; [ 10 ] DECLARES that the security and the development of the child are in danger; [ 11 ] ORDERS the following measures: ORDERS that the child be placed in foster care for a period of twelve (12) months; ORDERS that the contacts between the child and her parents be supervised by the Director of Youth Protection A as to frequency and modalities; ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child, the child’s family and the foster family; TAKES NOTICE of the intention of the Director of Youth Protection f A to clarify a permanent life project for the child; ENTRUSTS the situation of the child X to the Director of Youth Protection A , who shall then see that the measures are carried out; ORDERS the police to collaborate to the execution of the enactment. __________________________________ NANCY McKENNA, J.C.Q.

M e Gabriel Gaudreault Cain Lamarre Casgrain Wells Lawyer for the D.Y.P. M e Joannie Jacob Legal Aid Lawyer for the youth M e Angèle Tommasel Lawyer for the mother M e Marie Claude De Gagné Lawyer for the father Date of hearing: April 1 st , 2014