2011 QCCQ 15098, 2011 QCCQ 15098

Protection de la jeunesse — 115352 2011 QCCQ 15098 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth Division No: 640-41-001304-101 / 640-41-001305-108 640-41-001306-106 / 640-41-001307-104 / 640-41-001308-102 DATE: October 12, 2011 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, J.Q.C. ______________________________________________________________________ IN THE MATTER OF : X, born [...], 2002 Y, born [...], 2003 Z, born [...], 2004 A, born [...], 2007 B, born [...], 2009 [INTERVENANTE 1] , Youth Protection worker, duly authorized by the Director of Youth Protection of the Cree Board of Health and Social Services A, working in Town A district A, province of Quebec Applicant v.

C , residing and domiciled in Town A district A, province of Quebec Mother and D , residing and domiciled in Town A district A, province of Quebec Father ______________________________________________________________________ JUDGMENT (Sections 76.3 and 76.4 of the Youth Protection Act) ______________________________________________________________________ [ 1 ] After the filing of a motion asking the Court to extend and review the situation of the children X, born [...], 2002, Y, born [...], 2003, Z, born [...], 2004, A, born [...], 2007 and B, born [...], 2009, 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 children. [ 2 ] The children and the parents were 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 five children and the draft detailed these facts. [ 4 ] The measures proposed are the following : "4.1 That the children be in placement for a period of six (6) months, with slowly integration if situation allows it; 4.2 That X continues seeing a psychologist whenever possible in the community; 4.3 That the parents seek marriage counselling; 4.4 That regular follow-up be done by the Youth Protection worker; 4.5 That both parents agree to remain sober; 4.6 Aid, counsel and assistance be given to parents and children for a period of twelve (12) months; 4.7 The parents continue seeing a psychologist and follow the recommendations of the professional; 4.8 The visiting rights between the parents and the children be supervised by the Director of Youth Protection and be a minimal frequency of once every two (2) weeks." [ 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

children. [ 6 ] FOR THESE REASONS, THE COURT : [ 7 ] ORDERS the implementation of the measures mentioned in the draft agreement signed by the parties on September 15, 2011; [ 8 ] ENTRUSTS the situation of the children X, born [...], 2002, Y, born [...], 2003, Z, born [...], 2004, A, born [...], 2007 and B, born [...], 2009, to the Director of Youth Protection, who shall see to the execution of the enactment. __________________________________ RENÉE LEMOINE, J.Q.C. Me Sylvie Gourd (For Me Angèle Tommasel) For the children Me Clara Egervari For the father Me Marie-Claude DeGagné For the mother Me Stéphanie Lachance For the applicant Date of hearing : [VILLE] B September 15, 2011