2018 QCCQ 12325, 2018 QCCQ 12325

Protection de la jeunesse — 182768 2018 QCCQ 12325 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 615-41-002077-153 DATE: January 8, 2018 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X , born on [...], 2012 [SOCIAL WORKER 1] and [SOCIAL WORKER 2] , in their quality or persons authorized by the Director of Youth Protection of the Centre integré de santé et de services sociaux A, having a place of business at [...] Applicant and A , without address known Mother and B , domiciled and residing at [...] Father ______________________________________________________________________ JUDGMENT (Section 95 (1 and 2), Youth Protection Act , CQLR. c.

P-34.1) ______________________________________________________________________ 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 extend and review the situation of X, born on [...], 2012 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 youth. [ 2 ] The child was 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 and the draft detailed these facts : 2.1 On July 21, 2017, the child integrates full-time a foster family in [community A]; 2.2 The child maintains regular contacts with his paternal grandmother; 2.3 The child attends a pre-kindergarten subsidize day care on [community A]; 2.4 On October 2, 2017, the foster family announce that she desists herself and no longer wants to invest the child until his majority; 2.5 On October 11, 2017, the child express his desire to be entrusted to his paternal grandmother; 2.6 On October 2017, the paternal grandmother is re-evaluated and accredited as a foster family; 2.7 The paternal grandmother desire to invest herself with the child; 2.8 Since the child is living on the community, the father maintained regular contacts; 2.9 However, the father maintains is alcohol used; 2.10 The last contact between the mother and the child happened on July 7, 2016; 2.11 The mother maintains problem of alcohol and drugs use;

2.12 The return of the child to the parental environment is impossible in a short or medium term; 2.13 Both, the father and the mother agree with keeping the child on the [community A]; (Exact reproduction) [ 4 ] The measures proposed are the following : 3.1 That the child be placed in the proximity foster home of Mrs.

C for an additional period of six (6) months; 3.2 That the mother-child visits be supervised by the Director of Youth Protection as for frequency, modalities, environment and the presence of a third party; 3.3 That the visits between the father and the child be supervised by the Director of Youth Protection as for frequency, modalities, environment and the presence of a third party; 3.4 That the mother benefit from an addiction follow up, and this, for the time judged necessary by the professional giving the service; 3.5 That the mother authorizes the persons giving the services to give to the Director of Youth Protection information concerning attendance, collaboration, goal achievements and their recommendations; 3.6 That the father participates actively to the social follow up offered by the [Centre A] by applying their recommendations that will be given by the professional dispensing the follow up to pun an end on the compromised situation; 3.7 That the father benefit from an individual follow up, that he follows the recommendations of the professional giving the service, and this, until it’s judged necessary; 3.8 That the father benefit from an addiction follow up, and this, until it’s judged necessary by the professional giving the service; 3.9 That the father authorizes the persons giving the services to give to the Director of Youth Protection information concerning attendance, collaboration, goal achievements and their recommendations; 3.10 That a person authorized by the Director of Youth Protection brings help, advice an assistance to the child and his family for a period of six (6) months; (Exact reproduction) [ 5 ] The Court is of the opinion that the measures respect the rights and interest of the child.

FOR THESE REASONS, THE COURT: [ 6 ] GRANTS the motion; [ 7 ] DECLARES that the security and development of X, born on [...], 2012, are still in danger; [ 8 ] ENDORSTS the draft agreement and ORDERS to the parties to conform to it; [ 9 ] ORDERS that the child be placed in the proximity foster home of Mrs.

C for an additional period of six (6) months; [ 10 ] ORDERS that the mother-child visits be supervised by the Director of Youth Protection as for frequency, modalities, environment and the presence of a third party; [ 11 ] ORDERS that the visits between the father and the child be supervised by the Director of Youth Protection as for frequency, modalities, environment and the presence of a third party; [ 12 ] ORDERS that the mother benefit from an addiction follow up, and this, for the time judged necessary by the professional giving the service; [ 13 ] TAKES NOTICE that the mother authorizes the persons giving the services to give to the Director of Youth Protection information concerning attendance, collaboration, goal achievements and their recommendations; [ 14 ] ORDERS that the father participates actively to the social follow up offered by the [Centre A] by applying their recommendations that will be given by the professional dispensing the follow up to put an end on the compromised situation; [ 15 ] ORDERS that the father benefit from an individual follow up, that he follows the recommendations of the professional giving the service, and this, until it’s judged necessary; [ 16 ] ORDERS that the father benefit from an addiction follow up, and this, until it’s judged necessary by the professional giving the service; [ 17 ] TAKES NOTICE that the father authorizes the persons giving the services to give to the Director of Youth Protection information concerning attendance, collaboration, goal achievements and their recommendations;

[ 18 ] ORDERS that a person authorized by the Director of Youth Protection provides help, counselling and assistance to the child and his family for a period of six (6) months; [ 19 ] ENTRUSTS the child's situation to the Director of Youth Protection for the execution of the judgment. __________________________________ RENÉE LEMOINE, J.C.Q. Me Cathy Coulombe (for Me Claude Cossette) For the child Me Marie-Hélène Bastien For the applicant Date of hearing : December 13, 2017