2017 QCCQ 4301, 2017 QCCQ 4301

Protection de la jeunesse — 171817 2017 QCCQ 4301 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000316-067 DATE: April 11, 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 [...], City A, district A, [...] Applicant -and- X, domiciled and residing at [...] in City B, district A, [...] Adolescent -and- MRS A, domiciled and residing at [...] in City B, district A, [...] Mother ______________________________________________________________________ JUDGMENT ON A DRAFT AGREEMENT (Sec. 95 par. 3 of 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 11.2.1 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 [...], 2003, declared still endangered. [ 2 ] The parties submitted to this Court a draft agreement on measures to put an end to the situation that still compromises the security and the development of the adolescent. [ 3 ] The adolescent is present and represented by a lawyer.

The mother is present but not 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 Until now, it has not been possible to put an end to the situation in which the security or development of the adolescent is in danger; 2.2 As it was previously ordered, the adolescent reintegrated her mother's domicile last July; 2.3 Since then, the adolescent and her mother make efforts in order to make the reintegration a success; 2.4 The adolescent was admitted to [school A] in [First Nation A]; 2.5 Until now, the adolescent is doing well in school; 2.6 The adolescent smokes cannabis 1 or 2 times a month; 2.7 As for the mother, she admits that she drank four (4) times since July 2016; 2.8 The last mother's relapse occurred on February 17 while the adolescent was present; 2.9 The mother asserts that she will take the necessary steps in order to remain sober; 2.10 The mother admits that on one occasion, she allowed the adolescent to smoke cannabis;

[ 5 ] They also agree on several measures in order to put an end to the situation which endangers the adolescent’s security and development: 3.1 That the child be entrusted to the mother for a period of 12 months; 3.2 That aid, counselling or assistance be provides to the child and the child's parents for a period of 12 months; 3.3 That the parents accept the exchange of information between all professionals implicated in the family's life to put an end to the situation in which the security or development of the child is in danger; 3.4 That the mother and the child take an active

part in the application of any measures ordered by the tribunal; 3.5

a) That the mother continues her personal follow-ups, notably the follow-up with the First Line Services and addiction counsellor in regard to her personal issues as long as deemed necessary by the professionals; 3.5

b) If the mother goes to a treatment center, the child will be entrusted to a member of the enlarged family approved by the director; that would be for the duration of the mother’s stay at the treatment center; 3.6 That the mother ensures a drug and alcohol free environment for her daughter and that the child not be in the presence of persons under the influence of drugs or alcohol; 3.7 That the mother report herself, at regular intervals, to the director to inform him of the current situation; 3.8 That police force collaborates to the execution of the Court order; 3.9 That the situation of the child be in the care of the DYP to see the execution of the decision taken by the tribunal . [ 6 ] Accordingly, the Court is of the opinion that the measures are likely to put an end to the situation and respect the rights and the interest of the adolescent.

FOR THESE REASONS, THE COURT: [ 7 ] GRANTS the motion; [ 8 ] MAINTAINS that the security and development of X are still in danger; [ 9 ] ORDERS the implementation of the measures mentioned in the draft agreement sighed and submitted by the parties and 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 adolescent to the Director of the Youth Protection for the purpose of executing the measures. __________________________________ 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 adolescent Date of hearing: March 31, 2017