2017 QCCQ 21151, 2017 QCCQ 21151

Protection de la jeunesse — 1711513 2017 QCCQ 21151 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 614-41-000169-161 DATE: February 9, 2017 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on [...], 2012 CHILD ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of A APPLICANT AND A MOTHER AND B FATHER ______________________________________________________________________ JUDGMENT ON DRAFT AGREEMENT (

Section 38 of the Youth Protection Act CQLR c. P-34.1) ______________________________________________________________________ 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, 11.2.1 and 135 Y.P.A.). [ 1 ] After the filing of a motion asking the Court to declare that the security and the development of X, four years old, are endangered, the parties submitted to this Court an agreement on compromission and measures to put an end to the situation. [ 2 ] The child is currently living with his paternal grandmother. [ 3 ] Both parents are present and represented by counsel. They declare that they gave a free and enlightened consent to the measures listed in the draft agreement. [ 4 ] Mtre.

Kiryakidis, who acts on behalf of the child, declares that this agreement is in the best interest of his client and respects his rights. [ 5 ] For the time being, the reintegration of the child is planned with the mother. The father, concerned, asked the Court that his household be considered as a possible place for the reintegration of the child. The Court explained to the father that in fact, it is a possibility depending on his involvement and improvement but, for the last months, he has not been very present in his child’s life.

First, he will need to exercise regular access to the child and fully collaborate with the Director of Youth Protection. [ 6 ] As for the mother, the decision to agree to the placement of the children was not an easy one to make but, she understands that it is required to allow her to resolve her personal issues. She stated that she would like to be admitted to a rehabilitation centre as soon as possible. Mrs. A is a 25 year-old mother with four young children and, at times, it is possible and understandable that she feels overwhelmed. She needs help concerning her substance abuse problems.

The mother is willing to fully collaborate with the Director in order to have her children reintegrated with her as soon as possible. [ 7 ] The Court is of the opinion that the measures are likely to put an end to the situation that endangers the security and the development of X if the parties start working on their personal problems immediately and continue their involvement with the Director for the following months. This agreement respects the rights of the child and his best interest. [ 8 ] FOR THESE REASONS, THE COURT : [ 9 ] ORDERS the implementation of the measures mentioned in the draft agreement;

[ 10 ] DECLARES that the security and the development of X, born on [...], 2012, are endangered pursuant to subparagraphs b)1°iii) and b)2° of

section 38 of the Youth Protection Act ; [ 11 ] ACKNOWLEDGES the draft agreement reached between the parties; [ 12 ] GRANTS the motion; [ 13 ] ORDERS the parties to collaborate with the execution of the Court orders; [ 14 ] ORDERS that the child be entrusted to a foster family for a period of six months, with a possible reintegration to the mother’s care after four months if the situation allows it; [ 15 ] ORDERS the parents to fully collaborate with the Youth Protection Worker and meet with her upon request; [ 16 ] ORDERS that the frequency and modalities of the contacts between the parents and the child be determined by the Director of Youth Protection and supervised by a third party approved by the Director, if necessary; [ 17 ] ORDERS the parents to attend and successfully complete a substance abuse program for their consumption issues; [ 18 ] ORDERS the parents to seek help for their personal issues and be consistent with it; [ 19 ] RECOMMENDS that the mother’s file be prioritized as for her admission in a rehabilitation centre ; [ 20 ] ORDERS the parents to be and remain sober when in presence of the child; [ 21 ] ORDERS the parents to ensure that the child is not put in presence of individuals under the influence of drugs or alcohol; [ 22 ] ORDERS the parents to refrain from all mood altering substances unless prescribed by a doctor; [ 23 ] AUTHORIZES the Director of Youth Protection to obtain and share information with all service providers working with the family for the purpose of attendance and progress; [ 24 ] ORDERS that aid, counsel and assistance be provided to the child and the family for a period of one year; [ 25 ] ORDERS any police force to collaborate to the execution of the Court orders if requested to do so by the Director of Youth Protection or one of its representatives; [ 26 ] ORDERS the clerk of the court to join copy of the agreement reached by the parties to be an integral part of the present judgment before distribution; [ 27 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the purpose of the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Camille Champeval DPJ A Lawyer for the applicant Mtre. Michel Grenier Lawyer for the mother Mtre. Myriam Gaudreault Lawyer for the father Mtre. Constantin Kiryakidis Centre communautaire juridique A Lawyer for the child Date of hearing: January 4, 2017