2020 QCCQ 15109, 2020 QCCQ 15109

Protection de la jeunesse — 2010079 2020 QCCQ 15109 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000881-201 DATE: November 3, 2020 (written judgment rendered on December 18, 2020) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2003 [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 and B , unknown address Father ______________________________________________________________________ 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 adolescent X, born on [...], 2003, are endangered under paragraph (f) [1] of

section 38 of the Youth Protection Act . [ 2 ] The DYP’s first recommendation was to entrust the youth to a rehabilitation centre, but following discussion with the family, the DYP changed his recommendations and suggested now that the youth be entrusted to her maternal grandmother. Position of the Parties [ 3 ] The mother is present, but not represented. She recognizes that the security and development of her child are endangered and she agrees with the measures. [ 4 ] The father was not served, but was duly informed about the application, the date of Court and the recommendations.

He told the DYP worker that he agree with the measures as he wants the best for his daughter. He is not involved in her situation. X wanted to proceed in his absence and the Court agreed. [ 5 ] The youth is present and represented by Me Andréanne Laberge. She recognizes that her security and development are endangered and she agrees with the measures. [ 6 ] Considering the absence of contestation, the parties file a draft agreement in which they admit the facts justifying the declaration of endangerment.

They also commit to respect some measures. [ 7 ] After verifying that the consent was given freely, the Court declares that the recommended measures are in the best interest of the youth and respond to the YPA principles. FOR THOSE REASONS, THE COURT: [ 8 ] GRANTS the application; [ 9 ] DECLARES that the security and development of the adolescent X, born on [...], 2003, are endangered under paragraph (

f) of

section 38 of the Youth Protection Act ; [ 10 ] RATIFIES the draft agreement; [ 11 ] ORDERS the implementation of the measures mentioned in the draft agreement and signed by the parties on November 3, 2020;

[ 12 ] ORDERS the parties to comply with the measures; [ 13 ] ORDERS the clerk of the Court of Quebec, Youth Division, to attach to this judgement a copy of the draft agreement to form an integrant part hereof, and to attach such copy of the judgement to be subsequently delivered; [ 14 ] ENTRUSTS the situation of the adolescent 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 Andréanne Laberge, attorney for the youth Date of hearing: November 3, 2020 [NDLE : Ce projet d'entente n'est pas disponible]