2015 QCCQ 13584, 2015 QCCQ 13584

Protection de la jeunesse — 152946 2015 QCCQ 13584 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000637-140 DATE: June 4, 2015 ______________________________________________________________________ BY THE HONOURABLE NANCY McKENNA, J.C.Q. ______________________________________________________________________ MRS [SOCIAL WORKER 1], exercising her profession at the Centre Jeunesse A , having a place of business at […] in City A , district A , […] Applicant -and- X, residing at […] at City B , district A , […] Children -and- MRS A, domiciled at [...] at City B , district A , [...] Mother -and- MR B, domiciled at [...] at City B , district A , [...] Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 11.2.1 and 135 Y.P.A.). [ 1 ] After the filing of a motion asking the Court to maintain that the security and development of X , born on [...] , 2010, are still 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 child. [ 2 ] The child was absent but represented by her lawyer.

The parents are present and also 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 X : 2.1 It is still not possible to return the child to her parents; 2.2 Since the last order was rendered, the parents personal situation remained the same except for a treatment done by the mother from March 13, 2015 to April 19, 2015; 2.3 Both parents still struggle with addiction problems; 2.4 It is still difficult for the parents to have a stable and adequate place to live; 2.5 The parents have also an unstable conjugal relationship; 2.6 The child lives in the foster family of Mrs C since 2013; 2.7 During the last months, Mrs C got the help she needed to help her grieve; 2.8 Mrs C agrees to take care of the child until she reaches her majority; [ 4 ] 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 be placed in the foster family of Mrs C until her majority; 3.2 That the parents report themselves to the DYP on regular intervals to inform him of the measures they take to put an end to the compromising situation; 3.3 That the contacts with the child and the parents be supervised by the DYP in regards to frequency and modality; and supervised by a third party if judged necessary; 3.4 That the exercise of certain attributes of parental authority be withdrawn from the parents and granted to the Director of Youth Protection for primary medical and health care, sports, leisure and school activities, including application for an identification, mainly a passport; 3.5 That the parents actively collaborate to different measures, mainly: to be sober in presence of the children and make sure they are not in presence of people under the influence of drugs or alcohol; to inform the DYP of any change of address, within 30 days; 3.6 That the parents and the child receive aid, counselling or assistance; 3.7 That the parents accept the exchange of information between all professionals implicated in the family's life to put an end to the situation in which the security or development of the child is in danger; 3.8 That the situation of the child be in the care of the DYP to see the execution of the decision taken by the tribunal. [ 5 ] The Court had the opportunity to hear the testimony of Mrs C .

The evidence reveals that notwithstanding her personal hardship with the loss of her common law husband, she is able and capable of fulfilling the child’s needs. Her commitment towards the child is strong. The evidence also shows that there is a bond between X and Mrs C and the chid is happy is her foster family. [ 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 THE REASONS, THE COURT: [ 7 ] ORDERS the implementation of the measures mentioned in the draft agreement signed by the parties on June 2, 2015. [ 8 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the purpose of executing the measures agreed upon between the parties. __________________________________ NANCY McKENNA, J.C.Q. M e Julie Lemire Centre jeunesse A Lawyer for the DYP M e Daniel Ouellette Legal Aid Lawyer for the child M e Sébastien Lebel Lawyer for the parents Date of hearing: June 2, 2015