2015 QCCQ 11877, 2015 QCCQ 11877

Protection de la jeunesse — 152178 2015 QCCQ 11877 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 615-41-002052-156 DATE: May 5, 2015 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2000 [SOCIAL WORKER 1], in her quality of authorized person by the Director of Youth Protection, exercising her profession at the Centre Jeunesse A having a place of business at […] in City A, district A, […] Petitioner and A, residing and domiciled at […] in City B, district A, […] Mother and B, residing and domiciled at […] in City C, district A, […] Father ______________________________________________________________________ JUDGMENT (sections 38, 91, 76.3 et 76.4 YPA, CQLR c.

P-34.1 ) ______________________________________________________________________ [ 1 ] [Social Worker 1], delegate of the Director of Youth A, asks the Court to declare the security and development of X, born on […], 2000, in danger with regard to

section 38 (b) (1) (iii), (b) (2), (

c) and (

e) of the Youth Protection Act. [ 2 ] At the hearing, the youth and the parents are present. Me Mylène Grondin assists the youth, Me Claude Cossette, the mother, and Me Valérie Martel assists the petitioner. [ 3 ] The parties acknowledge their difficulties and admit that the security and development of the child are in danger more precisely in that : 3.1. The youth lives with his mother since July 2014; 3.2. On September 30, 2014, the police officers have seen the mother and her spouse in a very advanced state of intoxication; 3.3.

On October 17, 2014, the police officers intervened regarding a domestic violence episode when the father and his spouse were intoxicated by alcohol; 3.4. The youth has witnessed many episodes of drug and alcohol abuse by the father and his spouse and has seen conjugal violence between them in the past; 3.5. The father claim being sober since November 2013; 3.6. The mother has called many times the police officers to expel her spouse from her place when he was intoxicated; 3.7. On November 11, 2014, the mother's spouse while he was intoxicated hit the youth on his arm; 3.8.

The youth wants to reside with his mother and doesn't want to return at his father's home; 3.9. The mother denigrates the father in front of the youth; 3.10. The youth could not integrate school before December because the father refused to authorize the youth's file to be transferred; 3.11. Since December 1, 2014, the youth assiduously attended school during a month and a half; 3.12.

Since the end of January, the youth has missed a lot of school. [ 4 ] The parties produce a draft agreement according to sections 76.3 and 76.4 of the Youth Protection Act in which they acknowledge all the allegations and agree with the recommendations included in the social study made by the social worker. The social

study is filed. [ 5 ] Considering the evidence, [ 6 ] Considering that the parties agree with the agreement, the Court concludes that the measures agreed upon are in the child's best interest and respect his rights. [ 7 ] FOR THESE MOTIVES, THE COURT : [ 8 ] DECLARES that the security and development of the X are in danger; [ 9 ] ORDERS that the youth X be entrusted to a foster family for a period of nine months; [ 10 ] ORDERS that the adolescent and his parents collaborate and take an active

part in the application of the measures to be ordered; [ 11 ] ORDERS that the parents participate to an evaluation and a follow-up if necessary regarding their drug and alcohol abuse problem; [ 12 ] ORDERS that the adolescent goes to school on a regular basis; [ 13 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the adolescent and his parents for a period of 18 months; [ 14 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Valérie Martel Attorney for the petitioner Me Claude Cossette Attorney for the mother Me Mylène Grondin Attorney for the youth Date of hearing: April 29, 2015