2017 QCCQ 6811, 2017 QCCQ 6811

Protection de la jeunesse — 173056 2017 QCCQ 6811 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000753-178 DATE: May 26, 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 A, domiciled and residing at [...] in City B , district A, [...] Mother -and- MR B, 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 [...], 2014, 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 not 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 The child lives with her parents and her half-brothers Y and Z; 2.2 The parents both smoke cannabis regularly; 2.3 The parents are often in conflict; 2.4 More than one time, the child was exposed to conjugal violence between the parents; 2.5 The child’s half-brothers assert that they hide in their room when disputes occur between the parents; 2.6 On December 19, 2016, while the child was present at the domicile, the father found the mother in the garage trying to hang herself with a tie.

Afterwards the father admitted that this was a lie; 2.7 2.8 The parents have been separated for a short period of time in September 2016 and in January 2017; 2.9 As for the father, he admits that the mother and himself need help regarding their conjugal relationship;

2.10 In 2015, the director had received a report regarding the child stating, among other things, that she was exposed to conjugal violence; 2.11 After evaluation, the director had closed the file after referring the father to the Groupe Image for a follow-up regarding anger management; 2.12 In fact, it seems that the father did not follow through; [ 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 her family and that the child’s parents report periodically to the director on the measures they apply in their own regard or in their child’s regard to put an end to the situation in which the security or development of the child is in danger; 3.2 That the child and the child’s parents take an active

part in the application of any of the measures ordered by the tribunal; 3.3 That the parents maintain their couple counseling follow up; 3.4 That the parents authorizes the exchange of relevant information between the professionals; 3.5 That the parents do not expose the children to conflict; 3.6 That the mother and the father seek a drug addiction evaluation and a follow up if necessary; 3.7 That the mother goes through a medical evaluation and follows through with the doctor’s recommendations if needed; 3.8 That a person working for a (sic) institution or body provide aid, counseling or assistance to the child and the child’s family; 3.9 That the parents reports, at regular intervals, to the director to inform him of the current situation.

All those measures for a period of 12 months. [ 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 according to 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; [ 10 ] ORDERS the parties to respect these measures; [ 11 ] ORDERS that any police officer to collaborate in the execution of the present order, if required; [ 12 ] ENTRUSTS the situation of the child to the Director of the Youth Protection for the purpose of executing the measures agreed upon between the parties. __________________________________ 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 Daniel Ouellette Legal Aid Lawyer for the child Date of hearing: May 16, 2017