2012 QCCQ 15599, 2012 QCCQ 15599

Protection de la jeunesse — 123274 2012 QCCQ 15599 JC1649 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] Community of [...] « Youth division » N° : 640-41-001423-117 DATE : February 10, 2012 UNDER THE PRESIDENCE OF : HONOURABLE PAUL CHEVALIER, J.C.Q.

In the case of : X ([…], 2007) JUDGMENT ON A MOTION FOR PROTECTION (Sec. 38 of the Youth Protection Act) [ 1 ] The Director of Youth Protection asks the Court to declare the security and development of the child X (2007-[…]) in danger. [ 2 ] The parties signed a draft agreement on February 10, 2012, by which they admit that the following facts demonstrate that the security and development of the child are in danger : 2.1. The Youth Protection is involved in the life of the family since May 2009; 2.2. The mother displays alcohol, drug and anger management related problems; 2.3.

The father is not involved in the life of the child; 2.4. On many occasions, the mother left the child without proper supervision; 2.5. The child is the subject of voluntary measures since May 31, 2011, as it appears from a copy of the measures, filed as Exhibit D- 2; 2.6. On November 19, 2011, the police had to intervene with the mother as she was displaying suicidal ideations; 2.7. On the same day, the Youth Protection worker found the child in the house without proper supervision; 2.8. Following this event, the child was placed in foster care; 2.9.

On November 24, 2011, the child X was dropped off at the house of the mother after school by a third party; 2.10. Between November 24 and November 29, 2011, the Youth Protection worker tried to find the mother and the child X unsuccessfully; 2.11. On November 30, 2011, the Youth Protection and the police intervened with the mother as she locked herself with the child X in her house; 2.12. The collaboration of the mother with the Youth Protection is irregular.

[ 3 ] The parties agree on the measures that should be put in place to remedy the situation. [ 4 ] The Court made sure that the parties gave their consent in a free and enlightened manner and heard the mother. [ 5 ] The motion for protection is well founded in facts and in law. [ 6 ] FOR THOSE REASONS, THE COURT : [ 7 ] GRANTS the motion for protection; [ 8 ] ORDERS that the draft agreement be implemented; [ 9 ] DECLARES that the security and development of the child X are in danger; [ 10 ] ORDERS that the child be placed in a foster home for a maximum duration of 12 months; [ 11 ] ORDERS that the following access rights be granted to the mother and supervised by the Director of Youth Protection, namely at least once every two weeks and for a duration of at least 5 hours; [ 12 ] ORDERS that the mother attend a treatment center to settle her personal issues as well as improve her parenting skills; [ 13 ] ORDERS that the access rights of the mother be revised by the parties for the duration of her treatment; [ 14 ] ORDERS that the child be implicated in the treatment of the mother following the guidelines of the treatment center she will be attending; [ 15 ] ORDERS that the child be reintegrated with the mother once she successfully completes the treatment program she will be attending, under the following conditions : 15.1.

That the mother remain free of the influence of alcohol, drugs or any other intoxicating substance except in the case of a valid medical prescription; 15.2. That the mother ensures that the child is properly supervised at all times; 15.3. That the mother ensures that the basic needs of the child are met, including but not limited to food, hygiene, clothing and education; 15.4.

That the mother collaborate fully with the Director of Youth Protection in the execution of this agreement. [ 16 ] ORDERS that the Director of Youth Protection be allowed scheduled and surprise visits to ensure that the conditions listed under 15 are respected; [ 17 ] ORDERS that in the case where any of the conditions listed under 15 are breached, the child be returned in a foster home immediately; [ 18 ] ORDERS that the Director of Youth Protection provide aid, counsel and assistance to the mother and the children for a period of 12 months; [ 19 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of implementing the present order; [ 20 ] ORDERS that the police collaborate to the execution of this order.

PC/nc PAUL CHEVALIER, J.C.Q. Me Alexandre Simon, For the D.Y.P. Me Clara Lafrance-Evergari, For the child. Me David Ouelette, For the mother, present. Mr A, father, Absent and unrepresented. Date of the hearing : February 10, 2012.