2012 QCCQ 9639, 2012 QCCQ 9639

Protection de la jeunesse — 121380 2012 QCCQ 9639 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth Division NO: 620-41-000305-119 DATE: February 17, 2012 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] and [SOCIAL WORKER 2] , Youth Protection Workers, duly authorized by the Director of Youth Protection of the Centre Jeunesse A Co-applicants and X B orn on […], 2003 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 maintain the security and development of X endangered, 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. [ 2 ] All the parties were represented by lawyers.

The draft agreement states that the consent of the parties was given in a free and enlightened manner. They acknowledge the facts that endanger the security and the development of the child.

These facts were detailed in the draft agreement as follows: 2.1 Since the last judgement rendered, the youth has been entrusted to Mr C, like it appears in the Court file; 2.2 On November 21 st 2011, the youth Y revealed to her social worker that Mr C has abused her sexually on many occasions; 2.3 On the same day, the youth Y met the police officers and maintained the position abovementioned; 2.4 On the same day, the director of youth protection applied immediate protective measures and entrusted the youth to a foster family; 2.5 On the same day, the mother consumed alcohol abusively and was under the influence of alcohol until the next morning but the mother had been sober since approximately two (2) months before this event; (sic) 2.6 On November 22 nd 2011, X and Z met also (sic) with the police officers to do (sic) a declaration but at that time the social worker did not know the results of the evaluation; 2.7 The mother's situation is fragile; 2.8 The mother was not aware of the sexual abuses that had been committed by Mr C ; 2.9 The mother is presently residing at a woman shelter; 2.10 The father is presently in jail and not involved in the youth situation's (sic); 2.11 The father did not assume any parental responsibilities' (sic) since many years; 2.12 It is impossible for the youth to remain within her family; [ 3 ] In order to put an end to the situation that endangers the security and development of the child, the parties agreed to the

following measures: 3.1 Maintains that the security and development of the child is (sic) still in danger; 3.2 Declare the security and development of the child compromise (sic) regarding the paragraph d) 2) of the Youth Protection Act; 3.3 That the child be entrusted to a foster family until July 31 st , 2012; 3.4 That a person working for an institution are bodies (sic) provided (sic) aide (sic), counselling and assistance to the child's family for a period of eighteen (18) months; 3.5 That the contacts (sic) between the child and the mother be supervised by the DYP regarding frequency and modalities; 3.6 That the contacts (sic) between the child and the father be supervised by the DYP regarding frequency and modalities and the best interest of the child and conditional to a constant and regular social follow up (sic) and that the desire of the child be considered; (sic) 3.7 That the mother receives (sic) services for her consumption problems until requires (sic) by the professional; 3.8 That the child receives (sic) health care services required by her situation; 3.9 That Mr.

C not come into contact with the child; 3.10 That the child not comes (sic) into contact with Mr.

C ; 3.11 Authorize the exchange of information between the professionals that given (sic) services to the family and the DYP regarding the evolution of the situation and collaboration; 3.12 Entrust the child's situation do the DYP. [ 4 ] The parties have received the necessary explanations and the Court is satisfied that they gave free and enlightened consents to these measures. [ 5 ] The Court is of the opinion that these measures are likely to put and end to the situation that endangers the child and respect her rights and interests. [ 6 ] C appeared before the Court.

He was informed that the Director of Youth protection requested a prohibition of contact between the three children and him.

He was invited to comment on this request and was duly informed of the legal consequences in the event that he fails to respect the Court orders regarding this prohibition of contact. [ 7 ] For these reasons, the Court: [ 8 ] GRANTS the motion; [ 9 ] DECLARES that the security and development of X , born on […], 2003, are still endangered (sections 38 b) 2), 38 e) 2) and 38 d) 2) of the Youth Protection Act ); [ 10 ] ORDERS that the child be entrusted to a foster family until July 31, 2012; [ 11 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and her family for a period of eighteen (18) months; [ 12 ] ORDERS that the contact between the child and the mother be supervised by the Director of Youth Protection pertaining to the modalities and the frequency; [ 13 ] ORDERS that the contact between the child and the father be supervised by the Director of Youth Protection as to the frequency and the modalities, that those contacts be conditional to the collaboration of the father to a regular social follow-up and that they be established in the best interest of the child.

The desire of the child must also be considered; [ 14 ] ORDERS that the mother receive services for her consumption problems for as long as deemed necessary by the professional providing this follow-up; [ 15 ] ORDERS that the child receive the health care and health services required; [ 16 ] ORDERS that C not come directly or indirectly in contact with the child for a period of 18 months, starting on January 23, 2012; [ 17 ] ORDER that the child not come in contact with Mr C for a period of 18 months, starting on January 23, 2012; [ 18 ] ORDERS the mother not to put the child in contact with Mr C for a period of 18 months, starting on January 23, 2012; [ 19 ] ORDERS the clerk of the court to notify the prohibition order to Mr C and to the mother, A without delay; [ 20 ] AUTHORIZES the exchange of information between the professionals providing services to the family and the Director of Youth Protection in regard to the evolution of the situation and collaboration of the parties;

[ 21 ] 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 his representatives; [ 22 ] 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 Marie-Michèle Boulanger Lawyer for the petitioner M e Alexandra Bourgeois Lawyer for the child M e Vanessa Dubois Lawyer for the mother M e Marie-Claude De Gagné Lawyer for the father Date of hearing: January 23, 2012