2013 QCCQ 9933, 2013 QCCQ 9933

Protection de la jeunesse — 132753 2013 QCCQ 9933 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] Youth Division No: 635-41-000472-123 DATE: May 23, 2013 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, J.Q.C. ______________________________________________________________________ IN THE MATTER OF : X, born on […], 1996 [SOCIAL WORKER 1] , Youth Protection Worker, duly authorized by the Director of Youth Protection A., working in City A, district A, province A Applicant v.

A , residing and domiciled in City A, district A, province A Mother and B , residing and domiciled in City A, district A, province A Father ______________________________________________________________________ JUDGMENT ( Sections 76.3 and 76.4 , Youth Protection Act, R.S.Q. c. P-34.1 ) ______________________________________________________________________ [ 1 ] After the filing of a motion asking the Court to extend and review the situation of X, born on […], 1996, 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 youth. [ 2 ] The youth was 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 youth and the draft detailed these facts : 3.1 Following the last Court, the youth was entrusted to her paternal aunt in City C; 3.2 With the support of the foster family and the Youth Protection, the youth was able to improve her behaviour; 3.3 The youth had regular contacts with her family; 3.4 On December 14, 2012, the youth was placed with a relative in City A in order to prepare her return to her family; 3.5 The situation of the parents is unstable; 3.6 The mother did not seek help regarding her alcohol and violence related problems; 3.7 On January 7, 2013, the mother informed the Youth Protection worker that the family got evicted from their house and they were currently living with a family member in City A; 3.8 On January 21, 2013, the youth informed the Youth Protection worker that the mother was living in City B as she was kicked out by the owner of the house; 3.9 On February 22, 2013, the Youth Protection worker found out that the whole family moved temporarily to City B; 3.10 On the same date, the Youth Protection worker spoke with the youth who disclosed that she was doing well with her family and that she was feeling safe; 2.11 On March 7, 2013, the family moved back to City A; 2.12 On March 28, 2013, the youth came to the office of the Youth Protection and disclosed that she would like to go back to City C; 2.13 The collaboration of the parents with the Youth Protection is irregular;

[ 4 ] In order to put an end to the situation of danger for the youth's security or development, the parties agree on the following measures: 4.1 That the placement of the youth be in a foster home with progressive reintegration if the situation allows; 4.2 That the mother seek help for her alcohol and violence related issues; 4.3 That a person working for an institution or body provides aid, counselling or assistance to the children and the children's family for a period of six (6) months; 4.4 That the child and the child's parents report in person, at regular intervals, to the director to inform him of the current situation; 4.5 That the child and the child's parents take an active

part in the application of any of the measures ordered by the tribunal; 4.6 That the police collaborate in the execution of the agreement; 4.7 That the youth's situation be entrusted to the Director of Youth Protection A. for the purpose of executing the said enactment; [ 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 youth. [ 6 ] FOR THESE REASONS, THE COURT : [ 7 ] ORDERS the implementation of the measures mentioned in the draft agreement signed by the parties on May 7, 2013; [ 8 ] DECLARES the security and development of the youth X, born on […], 1996 are still in danger; [ 9 ] ACKNOWLEGES the draft agreement intervened between the parties; [ 10 ] ORDERS that a person working for an institute provides aid, counsel and assistance to the youth and the youth's family for a six (6) months period; [ 11 ] ORDERS that the placement of the youth be in a foster home with progressive reintegration if the situation allows; [ 12 ] ORDERS that the mother seek help for her alcohol and violence related issues; [ 13 ] ORDERS that the child and the child's parents report in person, at regular intervals, to the director to inform him of the current situation; [ 14 ] ORDERS that the youth and the youth's parents take an active

part in the application of any of the measures ordered by the Court; [ 15 ] ENTRUSTS the youth's situation to the Director of Youth Protection, who shall see to the execution of the enactment. __________________________________ RENÉE LEMOINE, J.Q.C. Me Myriame Gaudreault For the youth Me Marie-Claude De Gagné For the parents Me Robert-André Adam For the applicant Date of hearing : May 7, 2013