2012 QCCQ 11209, 2012 QCCQ 11209

Protection de la jeunesse — 123731 2012 QCCQ 11209 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF […] Youth Division DATE: July 4, 2012 ______________________________________________________________________ BY THE HONOURABLE CLAUDE BIGUÉ, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: No.: 640-41-001374-112 X , born on […], 2004 ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A Petitioner and A Mother and B Father ______________________________________________________________________ JUDGMENT (Section 95 and 91, 76.3 and 76.4 Y.P.A.) ______________________________________________________________________ [ 1 ] The Director of Youth Protection is asking the Court to review and extend the decision rendered by Judge Lucille Chabot on December 15, 2011.

After a placement in a foster family, the Director is now proposing to return the child to the parents, with different protection measures. [ 2 ] At the hearing, the parents are present but not represented. The child is represented by Me Yan Massé and the petitioner by Me Stéphanie Lachance. The parties live in city A. The hearing takes place in city B on June 21, 2012. [ 3 ] A Review Report, dated May 31, 2012, prepared by Ms. [social worker 1], is filed.

SECURITY AND DEVELOPMENT ENDANGERED: [ 4 ] The parties agree that the security and development of the child are still endangered and also agree on the measures to be ordered, in a draft agreement signed on June 21, 2012. [ 5 ] The following facts are admitted by the parties: 5.1 The parents were able to improve their situation; 5.2 The parents sought help for their personal issues and their alcohol and drug related problems; 5.3 The parents had regular contacts with the child; 5.4 With the support of Youth Protection, the child was able to improve her behaviour; 5.5 The collaboration of the parents with Youth Protection is regular. [ 6 ] Considering these admissions, the Court declares the security and development of the child still in danger.

MEASURES ORDERED: [ 7 ] After a placement in a foster home resulting from two previous decisions of the Court of Québec, the parties now agree that the child can be returned to her parents, with measures to be ordered to put an end to the endangered situation. These measures, resulting from the agreement, appear in the following conclusions. [ 8 ] The implementation of the measures is in the best interest of the child. [ 9 ] FOR THESE REASONS, THE COURT:

[ 10 ] GIVES EFFECT to the agreement signed by the parties on June 21, 2012. [ 11 ] DECLARES that the security and the development of X, born on […], 2004, are still endangered. [ 12 ] ORDERS that the child remain with her parents. [ 13 ] ORDERS that the parents take an active

part in the application of the measures ordered. [ 14 ] ORDERS that the parents periodically report to the Director on the measures they apply in their own regard and in their child’s regard to put an end to the situation in which the security and development of the child are in danger. [ 15 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the parents and to the child for a period of 18 months. [ 16 ] ORDERS that the parents continue to seek help for their personal issues. [ 17 ] ORDERS that the parents remain sober and that they refrain from conjugal violence whenever the child is present. [ 18 ] ORDERS that the child attend school on a daily basis. [ 19 ] ENTRUSTS the child’s situation to the Director of Youth Protection for the purpose of executing this enactment. [ 20 ] ORDERS that the parents collaborate with Youth Protection services. [ 21 ] DECLARES that the measures apply for 18 months. __________________________________ CLAUDE BIGUÉ, J.C.Q.

Me Stéphanie Lachance For the petitioner Me Yan Massé For the child Ms. A, personally Mr. B, personally Date of hearing: June 21, 2012