2011 QCCQ 10000, 2011 QCCQ 10000

Protection de la jeunesse — 114085 2011 QCCQ 10000 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001374-112 DATE: July 21, 2011 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on […], 2004 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, Quebec, district A Petitioner and A, residing and domiciled in town A, Quebec, district A Mother and B, residing and domiciled in town A, Quebec, district A Father ______________________________________________________________________ JUDGMENT (Sections 38 and 91, 76.3 and 76.4 Y.P.A. , chap.

P-34.1 R.S.Q. ) ______________________________________________________________________ [ 1 ] [The social worker 1], delegate of the Director of Youth Protection A, asks the Court to declare the security and development of X, 7 years old, in danger because of the parents' neglect, the physical abuses and the serious behavioural disturbance (section 38 (b) , (

e) and (

f) Y.P.A. ). [ 2 ] At the hearing, the parents are present and represented by Me Clara Egervari. The child is represented by Me Jean-Claude Latraverse and the petitioner by Me Alexandre Simon. [ 3 ] Psychological assessment reports of the child, the father and the mother, made by Mr Pierre Barrette, are filed in evidence by consent to serve as evidence. A social study is also filed. [ 4 ] After discussions between the parties, they presented a draft agreement to the Tribunal.

They acknowledged that the security and development of the child are endangered and agreed upon the measures. [ 5 ] The facts admitted by the parties are the following : 5.1. The parents displays drugs related problems; 5.2. The child displays behavioural problems; 5.3. The child displays violent behaviour towards the other children and the staff at school; 5.4. On March 3, 2011, the mother admitted that she assaulted the child; 5.5. The parents are overwhelmed by the situation; 5.6.

The collaboration of the parents with the Youth Protection is irregular. [ 6 ] Considering these admissions, the Court declares the security and development of X in danger. [ 7 ] For the measures to be taken by the parties to put an end to the situation of compromission, the parties agreed upon different services to be offered for a period of one year and also of the child's placement in a foster home for six months. To achieve the skills identified, the collaboration of the parents in a personal and marital therapy is an obligation needed if they want their child's behaviour to improve.

[ 8 ] Consequently, the Court considers it is in the best interest of the child and in respect of her rights to order the implementation of those measures. [ 9 ] CONSEQUENTLY, THE COURT : [ 10 ] DECLARES the security and development of X in danger; [ 11 ] ORDERS the placement of X in a foster family for a period of six months; [ 12 ] ORDERS the Director of Youth Protection to supervise the visits and access between the parents and the child including supervision if deemed necessary; [ 13 ] ORDERS the parents to seek therapy for their addictions and personal issues; [ 14 ] ORDERS the Director of Youth Protection to provide a psychological follow-up to the child for the duration deemed necessary by the psychologist; [ 15 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the parents and the child for a period of one year; [ 16 ] ORDERS the parents to fully collaborate with the social worker; [ 17 ] ORDERS any police officer to collaborate in the execution of the present enactment; [ 18 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing this enactment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Alexandre Simon, attorney for the petitioner Me Clara Egervari, attorney for the parents Me Jean-Claude Latraverse, attorney for the child Date of hearing: June 23, 2011