2022 QCCQ 14339, 2022 QCCQ 14339

Protection de la jeunesse — 229036 2022 QCCQ 14339 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002521-208 DATE: January 14, 2022 (written judgment rendered on May 02, 2022) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2011 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A Applicant and B Mother and C Father ______________________________________________________________________ JUDGMENT (Section 95 of the 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, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to review a decision rendered on October 22, 2020, regarding the child X, born on [...], 2011. At that date the Court declared the security and development endangered and entrusted the child to his mother’s care, until May 31, 2021. [ 2 ] The DYP asks that X remain with the mother, until September 30, 2022. Position of the Parties [ 3 ] The mother is present and represented by Me Angèle Tommasel.

She recognizes that the security and development of her child are still endangered and she agrees with the measures. [ 4 ] The father is present, but not represented. He recognizes that the security and development of his child are still endangered and he agrees with the measures. [ 5 ] The child is 10 years old. He is absent but represented by Me Cassandra Neptune. The child’s lawyer submits to the Court that the measures suggested are in his best interest. [ 6 ] X has siblings, Y (2), Z (13) and A (6). The Court is also seized with their situation.

History of the Situation [ 7 ] On October 22, 2020 , the Court was seized with an application for protection. The evidence showed that the family was followed from October 2017 to February 2019 because the step-mother had physically abused the child’s sister. The parents are separated. The child lives with his mother and her girlfriend. Both have alcohol consumption and conjugal violence issues. The father expressed being available for his son, but he also had alcohol consumption issues.

The Court declared that the security and development of the child were endangered [1] and maintained the child under his mother’s care, the whole until May 31, 2021. [ 8 ] On April 6, 2021 , the Court entrusted the child to a foster family under provisional measures. On May 13, 2021, the Court entrusted the child to Ms. D and Mr. E. On July 12, the Court entrusted the children to a foster family and ordered a minimal frequency of contacts between the children and their mother. On September 3, 2021, the Court prolonged the previous measures as well as on October 20, 2021.

Facts [ 9 ] Considering the absence of contestation, the parties file a draft agreement in which they attest of the following:

CONSIDERING that on October 22, 2020, the Honourable Dominique Wilhelmy, Judge of the Court of Quebec, Youth Division, rendered a judgment declaring that the security and development of the child were compromised regarding

section 38 (b) (1) iii, (

c) and (e) (2) of the Youth Protection Act ; CONSIDERING that since the last court order, new facts have arisen and justify the revision of the order; CONSIDERING the application for revision presented by the Director of Youth Protection in regard to the situation of the child; CONSIDERING that the parties recognize that the safety and development of the children are still compromised under sections 38 (b) (1) iii, (

c) and (e) (2) of the Youth Protection Act; CONSIDERING that the parties recognize that the intervention of the Director of Youth Protection is still necessary; CONSIDERING that the parties have come to an agreement as the appropriate measures to put in place in the child’s best interests and in respecting the objectives of the law; THE PARTIES AGREE AS FOLLOWS: 1- The

preamble constitutes an integral part of the present agreement; 2- The following exhibits are produced as evidence after having been communicated to the other parties, who recognize having taken full knowledge of such: D-7 Specific Authorization D-8: Sworn Declaration D-9: Revision Report dated August 12, 2021 D-10: Complementary Report dated September 23, 2021 D-11: Complementary Report dated December 15, 2021 3- The mother and the father admits the facts of the reports and the produced evidence; [ 10 ] The draft agreements contain the measures the parties agree upon to put an end to the situation in which the security and development of the child are endangered.

Those measures are the following: 4. The parties agree to the application of the following measures and understand that these measures will be ratified by the Court which will order their execution in a judgment that they will have to respect:

a) That the child remains with the mother;

b) That the parents report periodically to the director on the measures they apply in their own regard or in their child’s regard to put an end to the situation in which the security or development of the child is in danger;

c) That the child’s parents take an active

part in the application of any of the measures ordered by the tribunal;

d) That the contacts between the children and the father be determined by the director as for the modalities, the frequency, and the degree of supervision;

e) That a person working for an institution or body, provide aid, counselling or assistance to the children and the family;

f) That the situation of the youth be entrusted to the Director of Youth Protection A, who shall then see that the measures are carried out; The whole until September 30, 2022.

FOR THOSE REASONS, THE COURT: [ 11 ] GRANTS the application; [ 12 ] DECLARES that the security and development of the child X, born on [...], 2011, are still endangered; [ 13 ] RATIFIES the draft agreement; [ 14 ] ORDERS the implementation of the measures mentioned in the draft agreement signed by the parties on January 14, 2022; [ 15 ] ORDERS the parties to comply with the measures; [ 16 ] ORDERS the clerk of the Court of Quebec, Youth Division, to attach to this judgment a copy of the draft agreement to form an integrant part hereof, and to attach such copy of the judgment to be subsequently delivered; [ 17 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out.

__________________________________ PEGGY WAROLIN , J.C.Q. Me Adèle Cyr, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Me Angèle Tommasel, attorney for the mother Date of hearing: January 14, 2022