2017 QCCQ 4313, 2017 QCCQ 4313

Protection de la jeunesse — 171829 2017 QCCQ 4313 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000730-176 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 [...] in City A, district A, [...] Applicant -and- X, domiciled and residing at [...] in City B, district A, [...] Child -and- MRS C, domiciled and residing at [...] in City B, district A, [...] Mother -and- MR D, domiciled and residing at [...] in City B, district A, [...] Father ______________________________________________________________________ JUDGMENT ON A DRAFT AGREEMENT (Sec. 76.3 and 76.4 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, 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 [...], 2016, declared endangered. [ 2 ] 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 child. [ 3 ] The child is absent but represented by a lawyer.

The parents are both present and the father 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 Since August 2016, The Director of Youth Protection has been intervening in the family situation regarding the children Y, Z and A under Agreements on Voluntary Measures; 2.2 The father consumes marijuana on a daily basis and regularly takes speed; 2.3 The father has not yet participated in a follow-up for his drug addiction problem; 2.4 The parents have not yet participated in a couples counselling follow-up; 2.5 From October 2016 until December 2016, the father participated in a group therapy for his violence problems but the situation has not improved; 2.6 At least two new episodes of conjugal violence have occurred in the presence of the children since the Agreements on voluntary measures; 2.7 On or about November 14, 2016, the mother requested the police intervention because the father physically assaulted and bruised her while she was eight months pregnant with the twins;

2.8 The father was already under conditions not to harass or molest the mother at the time of the above mentioned event; 2.9 Following the event, the father was under conditions to reside at his mother’s residence and not to communicate with the mother, but the parents did not respect these conditions; 2.10 On [...], 2016, the mother gave birth prematurely to the babies, B and X; 2.11 On or about December 29, 2016, another episode of conjugal violence occurred in the presence of the children during which the mother was injured; 2.12 On or about January 1 st , 2017, the mother attempted to hide the father from the police officers who found him and placed him under arrest; 2.13 From January 1 st until January 16, the father is remanded in custody; 2.14 The father is facing various charges including assault charges for which he is scheduled to appear in court on January 16, 2017; 2.15 The mother still wishes to maintain her relationship with the father but is willing to comply to orders restraining him from returning home and preventing him from being alone with her in the presence of the children; 2.16 The maternal grand-parents offer their support and collaboration in helping the mother to care for the five children and to ensure that the father does not return home; 2.17 The mother accepts the maternal grand-parents offer and support; 2.18 The situation remains fragile. [ 5 ] They also agree on several measures in order to put an end to the situation which endangers the child’s security and development: 3.1 That the child remain with his family and that the parents report periodically to the DYP on the measures they apply to put an end to the situation in which the security or development of the child is in danger; 3.2 That the parents take an active

part in the application of the measures ordered by the tribunal; 3.3 That a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family for a period of 12 months; 3.4 That the parents report in person, at regular intervals, to the director to inform him of the current situation; 3.5 That the father engage in a follow up for his anger management and his substance abuse for as long as deemed necessary by the professional; 3.6 That the exchange of information between the professionals be authorized; 3.7 That the parents don’t engage into any violent or aggressive behaviour while in presence of their children. [ 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 child.

FOR THESE REASONS, THE COURT: [ 7 ] GRANTS the motion; [ 8 ] DECLARES that the security and development of X are in danger under sections 38(b) (2) and 38(

c) of the Youth Protection Act ; [ 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 to collaborate in the execution of the present order, if required; [ 11 ] ENTRUSTS the situation of the child 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 Peggy Warolin Lawyer for the child M e Daniel Ouellette Legal Aid Lawyer for the father Date of hearing: March 30, 2017