2020 QCCQ 14112, 2020 QCCQ 14112
Opinion
Protection de la jeunesse — 208611 2020 QCCQ 14112 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 525-41-034910-190 DATE: October 6, 2020 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2019 child and A mother ______________________________________________________________________ JUDGMENT
Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified.
Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection presents an Application for extension concerning the child X. [ 2 ] Following negotiations, the parties came to an agreement, which is annexed to the present judgment and constitutes an integral part of such. [ 3 ] The facts detailed within this agreement as well as in the exhibits filed in the Court record permit to declare that the security or development of the child is still endangered. [ 4 ] The protective measures designed by the parties to remedy this situation and respond to the child’s needs are also consigned in the agreement and elaborated as follow: • Order that X remain entrusted to her current confidential foster home; • Suspend contacts between the child and her mother until she meets the delegate at least four (4) consecutive times; • Once contacts resume, Order that the duration and modality of contacts be determined by the Director of Youth Protection, including supervision for as long as deemed necessary; • Take judicial notice that the mother has completed three (3) meetings with the delegate; • Take judicial notice that the mother will have contacts with the child once a month under supervision, if her health situation allows.
This will be determined in consultation with mother's treating professionals. • Take judicial notice that in the event that the mother misses three (3) visits or that she ceases her follow up with the hospital, she will have to meet with the delegate on three (3) consecutive occasions to demonstrate her commitment and consistency to be a part of the child's life; • Recommend that the mother engage in services to address her personal issues and periodically report her progress to the Director of Youth Protection; • Withdraw from Ms.
A certain attributes of parental authority pertaining to the child’s medical, school, extra-curricular and recreational activities, including obtaining a passport and authorization to travel, and Grant the aforementioned attributes to the confidential foster parents; • Authorize the Director of Youth Protection to obtain and release relevant information with the treating professionals working with the family, including those at Institut Philippe-Pinel; • Order that aid, counsel and assistance be provided to the family;
• The whole until X’s age of majority. [ 5 ] After verification, it appears that the mother and the representative of the Director of Youth Protection, all of whom are assisted by counsel, gave their consent in a free and enlightened manner. [ 6 ] The attorney specifically assigned to counsel and represent the child also expressed her agreement in the name of her young client. [ 7 ] This agreement, reflecting the will of the parties, further respects the prescriptions of the Youth Protection Act , the child’s rights as well as her interest. [ 8 ] The Court therefore ratifies the said agreement and affords it force of law.
THEREFORE AND FOR THESE REASONS, THE COURT: [ 9 ] GRANTS the application for extension; [ 10 ] DECLARES that the security or development of the child is still endangered; [ 11 ] HOMOLOGATES and DECLARES executory until the child’s age of majority the agreement having intervened between the parties and the measures contained therein, which agreement is annexed to the present judgment and constitutes an integral part of such; [ 12 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.
Written and signed on October 13, 2020 /cd Attached : Agreement [NDLE : This agreement is not available] Mtre Isabelle Loranger Counsel for the Director of Youth Protection Mtre Laurence Marceau Counsel for the child Mtre Marie-Ève Tourigny Counsel for the mother Date of hearing: October 6, 2020
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