2022 QCCQ 8045, 2022 QCCQ 8045

Protection de la jeunesse — 222395 2022 QCCQ 8045 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 640-41-002748-215 DATE: February 2, 2022 ______________________________________________________________________ BY THE HONOURABLE CHRISTIAN LEBLANC J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2005 [SOCIAL WORKER 1], in her quality of authorized person by the Director of Youth Protection A, having a place of business in [...], Applicant and A, Mother and B, deceased, 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 youth X, born on [...], 2005, are in danger under

section 38 a), b) (1) iii) and

c) of the Youth Protection Act . [ 2 ] The Court took knowledge of the documentary evidence and heard the testimony of the DYP worker. POSITION OF THE PARTIES [ 3 ] The mother is not present but she is represented. She recognizes that the security and development of her child are in danger under

section 38 and she agrees with the measures. [ 4 ] The father is deceased. [ 5 ] The adolescent is not present, but he is represented. He recognizes that his security and development are in danger under

section 38 and he agrees with the measures. [ 6 ] The adolescent’s lawyer submits to the Court that the measures suggested are in the best interest of the youth. [ 7 ] The Court concludes that the present agreement, expressed verbally by each of the parties, represent their will, is the best interest of the youth and respect his rights. [ 8 ] Therefore, the Court will endorse it. FOR THOSE REASONS, THE COURT: [ 9 ] GRANTS the application; [ 10 ] ACKNOWLEDGES the admissions made by the mother and the lawyer representing the youth that his security and development are in danger according to 38

b) iii) and 38 c); [ 11 ] DECLARES that the security and development of the youth are in danger according to those same two motives; [ 12 ] ACKNOWLEDGES the consent by the mother and lawyer representing the youth in effect that the proposing measures are in the best interest of the youth and respecting his rights; [ 13 ] ENTRUSTS the youth to a foster family, chosen by the institution operating a child and youth protection center;

[ 14 ] AUTHORIZES that the youth be gradually reintegrated under the care of the mother if the situation allows it, and taking into account the youth’s desire; [ 15 ] ORDERS that the youth and the youth’s mother report periodically to the Director on the measures they apply in their own regard or in the youth’s regard to put an end to the situation in which the security or development of the youth is in danger; [ 16 ] ORDERS that the youth and the youth’s mother take an active

part in the application of the measures ordered by the Court; [ 17 ] ORDERS that the youth and the youth’s mother report in person, at regular intervals, to the Director to inform him of the current situation; [ 18 ] ORDERS, when the youth is in a foster family, that the contacts between the youth and the youth’s mother be determined by the Director as for the modalities, the frequency and the degree of supervision; [ 19 ] ORDERS that the exercise of certain attributes of parental authority be withdrawn from the mother and granted to the Director, namely: medical, recreational and extracurricular; [ 20 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and the youth’s mother; [ 21 ] ENTRUSTS the situation of the youth X to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 22 ] ORDERS the execution of the present judgment by any peace officer.

Signed on March 11, 2022 __________________________________ CHRISTIAN LEBLANC , J.C.Q. Me Justine Carli, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Me Angèle Tommasel, attorney for the mother Date of hearing: February 2, 2022