2020 QCCQ 12712, 2020 QCCQ 12712
Opinion
Protection de la jeunesse — 209312 2020 QCCQ 12712 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000863-209 DATE: July 24, 2020 (written judgment rendered on August 12, 2020) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2012 [SOCIAL WORKER 1], in her quality of authorized person by the Director of Youth Protection of the Centre intégré de santé et de services sociaux A, having a place of business at [...] Applicant and A, residing and domiciled at [...] Mother ______________________________________________________________________ JUDGMENT (Section 38 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 declare that the security and development of the child X, born on [...], 2012, are endangered under paragraphs (b) (1) ii, (b) (1) iii, (b) (2) and (
c) of
section 38 [1] of the Youth Protection Act . [ 2 ] The DYP asks to entrust the child in a foster family for a period of eight months with a progressive reintegration with the mother in December 2020, if the situation allows it. Position of the parties [ 3 ] The mother is present and represented by Me Dionne-Marcotte. She recognizes that the security and development of her child are in danger for the reasons alleged by the DYP and she agrees with the measures. [ 4 ] The child is present and represented by Me Denoyelle.
On the behalf of his young client, Me Denoyelle invites the Court to declare the security and development endangered and mentions that the suggested measures are in the best interest of the child. [ 5 ] The DYP files the draft agreement signed by the parties. After verifying that the consent was given freely, the Court declares to agree with the measures and accepts to ratify it. FOR THOSE REASONS, THE COURT: [ 6 ] GRANTS the application; [ 7 ] DECLARES that the security and development of the child X, born on [...], 2012, are endangered under paragraphs (b) (1) ii, (b) (1) iii, (b) (2) and (
c) of
section 38 of the Youth Protection Act ; [ 8 ] RATIFIES the draft agreement; [ 9 ] ORDERS the implementation of the measures mentioned in the draft agreement signed by the parties on July 24, 2020; [ 10 ] ORDERS the parties to comply with the measures; [ 11 ] ORDERS the Director of Youth Protection to file the child’s birth certificate as soon as possible in the Court’s file; [ 12 ] 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; [ 13 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection for the execution of this order.
__________________________________ PEGGY WAROLIN , J.C.Q. Me Flore Tardif, attorney for the Director of Youth Protection Me Romain Denoyelle, attorney for the child Me Catherine Dionne-Marcotte, attorney for the mother Date of hearing: July 24, 2020
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