2017 QCCQ 6801, 2017 QCCQ 6801

Protection de la jeunesse — 173046 2017 QCCQ 6801 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000315-069 DATE: May 26, 2017 ______________________________________________________________________ BY THE HONOURABLE MARIE-CLAUDE BÉLANGER, J.C.Q. ______________________________________________________________________ MRS [SOCIAL WORKER 1], exercising her profession at the Centre intégré de santé et de services sociaux A, having a place of business at [...], City A, district A, [...] Applicant -and- X, domiciled and residing at [...] in City B, district A, [...] Adolescent -and- MRS A, domiciled and residing at [...] in City B, district A, [...] Mother -and- M.

B, domiciled and residing at [...] at City C, district A, [...] Father ______________________________________________________________________ JUDGMENT ON A DRAFT AGREEMENT (Sec. 95 par. 3 of Youth Protection Act ) ______________________________________________________________________ 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 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection makes an application to have the security and the development of X, born on [...], 2002, declared still endangered. [ 2 ] The parties submitted to this Court a draft agreement on measures to put an end to the situation that still compromises the security and the development of the adolescent. [ 3 ] The adolescent is present and represented by a lawyer. The mother is present and represented.

As of the father he is absent and not represented. [ 4 ] The draft agreement states that the consent of the parties was given in a free and enlightened manner.

The parties acknowledge the following facts which endanger the security and the development of X: 2.1 On April 11, 2017, the director was informed that the mother had been drinking and using drugs (crystal meth and speed) for the past month; 2.2 Recently, the adolescent and the mother received threats from drug dealers due to the fact that the mother owes money to them, which the mother denies; 2.3 On February 9, 2017, the mother was drinking and using drugs with other adults at her domicile in presence of the adolescent and her sister; 2.4 After the adolescent Y asked to the other adults to leave, she had an argument with the mother, which the mother denies; 2.5 Y threw a can of beer towards the mother; 2.6 The mother took Y by the wrist and yelled at her; 2.7 It was not the first time that the mother was drinking and using drugs with people at home in the presence of the adolescent;

2.8 On April 11, 2017, the mother was hospitalized because she had suicidal thoughts; 2.9 The same day, April 11, the director took immediate protective measures regarding the adolescent and her sister; 2.10 The adolescent Y has been entrusted to her maternal grandfather, Mr C; 2.11 As for the adolescent X, she insisted to be entrusted to a foster family on the Reservation; [ 5 ] They also agree on several measures in order to put an end to the situation which endangers the adolescent’s security and development: 3.1 That the child be entrusted to the rehabilitation center until July 25 th 2017 with a reintegration with the maternal grandfather, as being entrusted to Mr.

C until May 16 th 2018, but to take into consideration that the maternal grandmother. Ms.

D will also support the grandfather; 3.2 That the frequency and modality of contacts between the parents and the children be determined and supervised by the D.Y.P; 3.3 That aid, counselling or assistance be provides (sic) to the child and the child's parents and maternal grandparents for a period of 12 months; 3.4 That the parent accept the exchange of information between all profesionals implicated in the family's life as well as with the maternal grandparents to put an end to the situation in which the security or development of the child is in danger; 3.5 That X has a follow-up with an addiction worker as long as deemed necessary by the professional offering the service; 3.6 That X continues her follow-up with the pediatrician and the pedo-psychiatrist as long as deemed necessary by the professional; 3.7 That the mother and the child take an active

part in the application of any measures ordered by the tribunal; 3.8 That the mother continues her personal follow-ups, notably the follow-up with the First Line Services and addiction counsellor in regard to her personal issues as long as deemed necessary by the professionals; 3.9 That the mother ensures a drug and alcohol free environment for her daughter and that the child not be in the presence of persons under the influence of drugs or alcohol; 3.10 That the mother report herself, at regular intervals, to the director to inform him of the current situation; [ 6 ] Accordingly, the Court is of the opinion that the measures are likely to put an end to the situation and respect the rights and the interest of the adolescent.

FOR THESE REASONS, THE COURT: [ 7 ] GRANTS the motion; [ 8 ] DECLARES that the security and development of X are still in danger; [ 9 ] ORDERS the implementation of the measures mentioned in the draft agreement sighed and submitted by the parties; [ 10 ] ORDERS the parties to respect these measures; [ 11 ] ORDERS that any police officer collaborates in the execution of the present order, if required; [ 12 ] ENTRUSTS the situation of the adolescent to the Director of the Youth Protection for the purpose of executing the measures agreed upon between the parties. __________________________________ MARIE-CLAUDE BÉLANGER, J.C.Q.

M e Julie Lemire Lemire, Gaouette & Martel Centre intégré de santé et de services sociaux Lawyer for the D.Y.P. M e Daniel Ouellette Legal Aid Lawyer for the adolescent M e Jean-François Lacasse Lawyer for the mother Date of hearing: May 16, 2017