2013 QCCQ 10547, 2013 QCCQ 10547

Protection de la jeunesse — 133292 2013 QCCQ 10547 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division NO: 640-41-001588-133 DATE: May 28, 2013 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker duly authorized by the Director of Youth Protection A PETITIONER AND X Born on [...], 2011 CHILD AND A MOTHER AND B FATHER ______________________________________________________________________ JUDGMENT Sections 76.3 and 76.4 of the Youth Protection Act ______________________________________________________________________ [ 1 ] After the filing of a motion asking the Court to review a court order rendered by the Honourable judge Paul Casgrain, on November 2, 2012.

The parties submitted to this court a draft agreement on measures to put an end to the situation that endangers the security and the development of the child. [ 2 ] The child is represented by M e Daniel Ouellette. M e Ratha Heang acts on behalf of the mother and M e Claude Beaudet on behalf of the father. M e Gabriel Gaudreault represents the applicant. [ 3 ] The Draft agreement states that the consent of the parties was given in a free and enlightened manner. The validity of the consents was confirmed at the hearing.

M e Ouellette, acting on behalf of the child, states that this draft agreement is in the best interest of his young client and respects his rights. [ 4 ] The parties acknowledge the following facts: 2.1 The parents are presently separated; 2.2 The father did not seek help regarding his alcohol related problems; 2.3 The father still displays alcohol related problems; 2.4 On April 3, 2013, the mother completed a treatment program in A regarding her alcohol related problems; 2.5 The mother disclosed that she was not ready to take care of the children; 2.6 The mother presently does not have a suitable home for the children because her apartment needs major renovations; 2.7 The mother had regular contacts (sic) with the children; [ 5 ] In order to put an end to the situation that endangers the child's security and development, the parties proposed the following measures: 3.1 The children be entrusted to a foster family for a period of six (6) months with possible reintegration with the mother if the situation allows it; 3.2 That the parents remain sober in the presence of the children;

3.3 That the parents report periodically to the director on the measures they apply in their own regard to put an end to the situation in which the security or development of the children are in danger; 3.4 That the mother takes (sic) an active

part in the application of the measures ordered by the Tribunal; 3.5 That a person working for an institution or body provide aid, counselling or assistance to the children and the parents; 3.6 That the police collaborate in the execution of the enactment. [ 6 ] The Court is of the opinion that the measures are likely to put an end to the situation that endangers the security and development of X and respect his rights and his best interest. [ 7 ] For these reasons, the Court: [ 8 ] ORDERS the implementation of the measures mentioned in the draft agreement signed by the parties on May 8, 2013; [ 9 ] DECLARES that the security and development of X , born on [...] , 2011 are still endangered; [ 10 ] ACKNOWLEDGES the draft agreement reached between the parties; [ 11 ] And consequently : [ 12 ] ORDERS the placement of X in a foster family for a period of six (6) months with a possible reintegration with the mother if the situation allows to do so; [ 13 ] ORDERS that both parent be and remain sober when in presence of one of the children; [ 14 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard to put an end to the situation in which the security and development of the children are endangered; [ 15 ] ORDERS that the mother take an active

part in the application of the measures ordered by the Court; [ 16 ] ORDERS that a person working of an institution or body provide aid, counselling and assistance to the children and the parents; [ 17 ] ORDERS any police force to collaborate with the execution of the Court orders if requested to do so by the Director of Youth Protection or one of its representatives; [ 18 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

M e Gabriel Gaudreault Lawyer for the petitioner M e Daniel Ouellette Lawyer for the child M e Ratha Heang Lawyer for the mother M e Claude Beaudet Lawyer for the father Date of hearing: May 8, 2013