2013 QCCQ 9934, 2013 QCCQ 9934

Protection de la jeunesse — 132754 2013 QCCQ 9934 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] Youth Division No: 635-41-000496-130 DATE: May 23, 2013 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, J.Q.C. ______________________________________________________________________ IN THE MATTER OF : X, born on […], 2005 [SOCIAL WORKER 1] , Youth Protection worker, duly authorized by the Director of Youth Protection of the A, working in City A Applicant v.

A , residing and domiciled in City A, district A, province of Québec Mother ______________________________________________________________________ JUDGMENT ( Sections 76.3 and 76.4 , Youth Protection Act, R.S.Q. c. P-34.1 ) ______________________________________________________________________ [ 1 ] After the filing of a motion asking the Court to extend and review the situation of X, born on […], 2005, 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 youth 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 : 3.1 The situation of the mother remains the same; 3.2 Since the last Court hearing, the child was entrusted to his sister, Mrs. B; 3.3 The mother is living in the same household as the child; 3.4 The mother did not comply with the last Court order because she let Mr.

C come into the house of the child's sister; 3.5 On March 16, 2013, the child's sister disclosed to the Youth Protection Worker that she was overwhelmed by the situation; 3.6 The child was placed temporarily with another family member in order to give the sister respite; 3.7 On March 28, 2013, the child's sister disclosed that she does not want to take care of the child anymore; 3.8 On April 4, 2013, the Honourable Judge Roy entrusted the child to Mrs.

D, the maternal cousin of the child, following the recommendations of the Youth Protection under a Motion for Provisional Compulsory Order (Sec. 76.1 Y.P.A.) ; 3.9 At the hearing the mother and the child, duly represented by their counsellors, were agreeing with the recommendations of the Youth Protection; 3.10 However, on the same day, the mother called Mrs. D and she displayed aggressive behaviour towards her; 3.11 Later, on the same day, Mrs. D called the Youth Protection and complained that the mother was displaying harassing behaviour towards her; 3.12 Mrs.

D also disclosed to the Youth Protection worker that she changed her mind regarding the placement of the child due to the behaviour of the mother; [ 4 ] In order to put an end to the situation of danger for the child's security or development, the parties agree on the following

measures: 4.1 That X be entrusted to a confidential foster family for a period of 6 months; 4.2 That X attends school regularly; 4.3 That Mrs A seeks help for her conjugal violence; 4.4 That aid, counsel and assistance be provided for X and his family for a period of 6 months; 4.5 That the mother receives help for her conjugal violence problems, drugs, and alcohol problems at the CLSC; 4.6 That C not go to the place where X is living; 4.7 That the police collaborate in the execution of the agreement; 4.8 That the youth's situation be entrusted to the Director of Youth Protection of the A. for the purpose of executing the said enactment; [ 5 ] The Court is of the opinion that the measures are likely to put an end to the situation and respect the rights and interest of the child. [ 6 ] FOR THESE REASONS, THE COURT : [ 7 ] ORDERS the implementation of the measures mentioned in the draft agreement signed by the parties on May 7, 2013; [ 8 ] DECLARES the security and development of the child X, born on […], 2005 are still in danger; [ 9 ] ACKNOWLEGES the draft agreement intervened between the parties; [ 10 ] ORDERS that X be entrusted to a foster family for a period of six (6) months; [ 11 ] ORDERS that the mother receives help for her conjugal violence problems, drugs, and alcohol problems at the CLSC; [ 12 ] ORDERS to C not go to the place where the child is living; [ 13 ] ORDERS visitation rights between the mother and the child be supervised by the Director of Youth Protection and encourage; [ 14 ] ORDERS that a person working for an institute provides aid, counsel and assistance to the child and his family for a six (6) months period; [ 15 ] ORDERS that the police collaborate in the execution of the agreement; [ 16 ] ENTRUSTS the child's situation to the Director of Youth Protection, who shall see to the execution of the enactment. __________________________________ RENÉE LEMOINE, J.Q.C.

Me Myriame Gaudreault For the child Me Robert-André Adam For the applicant Me Marie-Claude Degagné For the mother Date of hearing : May 7, 2013