2013 QCCQ 11986, 2013 QCCQ 11986

Protection de la jeunesse — 134062 2013 QCCQ 11986 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth Division No: 640-41-001566-139, 640-41-001567-137, 640-41-001568-135 & 640-41-001569-133 DATE: May 10, 2013 ______________________________________________________________________ BY THE HONOURABLE NANCY McKENNA, J.C.Q. ______________________________________________________________________ [INTERVENANT 1], Youth Protection worker duly authorized by the Director of Youth Protection of the Town A Applicant -and- X, Y, Z & A, residing and domiciled in Town B, […], District A Children -and- B, residing and domiciled in Town B, […], District A Mother -and- C, residing and domiciled in Town B, […], District A Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] After the filing of a motion asking the Court to declare the security and development of X, born on […], 2001, Y, born […],, 2009, Z, born on […],, 1998 and A, born on […], 1996, in danger, 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 children. [ 2 ] The children and the mother were present and represented by their lawyers.

The father was absent and not represented. [ 3 ] 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 the children: 2.1. The Youth Protection has been involved in the life of the family since 2001; 2.2. Between October 2009 and January 2012, the youths were the subject of a decision of the Court of Quebec, Youth Division as it appears from a copy of the Judgment, filed as Exhibit D-2 ; 2.3. The mother often displays aggressive behavior towards the youths; 2.4.

The youth A displayed on many occasions aggressive behavior towards his siblings; 2.5. On March 16, 2013, the police had to intervene with the mother and the youth Y; 2.6. The youth Y was bleeding and spitting blood; 2.7. The mother admitted that she was intoxicated; 2.8. On the same day, the Youth Protection brought the youth Y to the clinic; 2.9. The youth Y had several bruises and scratches on his face; 2.10. The youths were entrusted to their aunt D ; 2.11. On March 18, 2013, the youth Y disclosed that he was assaulted by his mother because he was trying to get the keys of the house with his sibling X ;

2.12. The youth A disclosed that he wanted to stay with his mother but that his siblings are safer with their aunt D; 2.13 The youth A also displayed aggressive behavior towards the youth Y while they were at the Youth Protection office; 2.14. On the same day, the mother signed a provisional agreement regarding the youths as it appears from a copy, filed as Exhibit D-3 ; 2.15. On March 19, 2013, the youth X . disclosed that on March 16, 2013, the mother assaulted him and his sibling Y while she was intoxicated; 2.16.

On March 20, 2013, the youth Z confirmed that the mother often displays aggressive behavior towards them; 2.17. The youths X. and Z also disclosed that they do not eat food everyday; 2.18. The youth Y, X. and Z disclosed that they were scared of their mother and that she often hits them; 2.19. The youths Y, X. and Z disclosed to the Youth Protection Worker that they do not want to live with their mother anymore; 2.20. The father is presently out of the community; [ 4 ] They also agree on several measures in order to put an end to the situation which endangers the children's security and development: 3.1.

That X. and Y be placed in foster care for a period of six (6) months with a possible reintegration after three (3) months if the situation allows it; 3.2. That Z remains under the care of her father if a suitable place is available for both of them; 3.3. That A remains under the care of his mother; 3.4. That a project life be determined for the four (4) children if the situation of the parents does not improve; 3.5. That the parents be assess by a counsellor for their alcohol and drugs problems; 3.6. That the mother attends counselling sessions for her aggressiveness; 3.7.

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; 3.8.

That a person working for an institution or body provides aid, counselling and assistance to the children and their family; In all, for a period of one (1) year. [ 5 ] The Court is of the opinion that these measures are likely to put an end to the situation and respect the rights and interest of the children. [ 6 ] FOR THESE REASONS, THE COURT: [ 7 ] ORDERS the implementation of the measures mentioned in the draft agreement signed by the parties on April 30, 2013. __________________________________ NANCY McKENNA, J.C.Q. M e Robert-André Adam Cain Lamarre Casgrain Wells Lawyer for the D.Y.P.

M e Angèle Tommasel Lawyer for the children M e Sarah Plamondon Lawyer for the mother Date of hearing: April 30, 2013