2022 QCCQ 8044, 2022 QCCQ 8044

Protection de la jeunesse — 222394 2022 QCCQ 8044 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 640-41-002747-217 DATE: February 3, 2022 ______________________________________________________________________ BY THE HONOURABLE CHRISTIAN LEBLANC J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2016 [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 ______________________________________________________________________ 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 [...], 2016, are in danger under

section 38 b) (1) (

i) and 38 b) (1) (iii) of the Youth Protection Act . [ 2 ] Furthermore, to put an end to that endangerment, the Director is asking the Court to entrust the child to a foster family and to authorize the gradual reintegration of X with his mother if the situation allows it, with other measures, until November 30th 2022. POSITION OF THE PARTIES [1] The mother is present, and she is represented. Through her lawyer, she recognizes that the security and development of her son are in danger under sections 38 b) (1) (

i) and 38 b) (1) (iii) and she agrees with the amended measures proposed by the Director. [2] On her part, the lawyer representing the child admits that his security and development are in danger according to the above mentioned sections and also expressed her agreement with the measures proposed by the Director. [ 3 ] The Court concludes that the present agreement, expressed by each of the parties represent their will, is the best interest of the child and respect his rights. [ 4 ] Therefore, the Court will endorse it.

FOR THOSE REASONS, THE COURT: [ 5 ] GRANTS the application; [ 6 ] ACKNOWLEDGE the admissions made by the mother and the lawyer of the child, that his security and development are in danger according to

section 38 b) (1)

i) and 38 cb) (1) iii) of the Youth Protection Act ; [ 7 ] ACKNOWLEDGE the consent expressed by the mother and the lawyer of the child, with the proposed amended measures; [ 8 ] DECLARES that the security and development of the child X, born on [...], 2016, are in danger according to

section 38 b) (1)

i) and 38

b) iii) of the Youth Protection Act ; [ 9 ] ORDERS that the child be entrusted to a foster family, chosen by an institution operating a child and youth protection center; [ 10 ] AUTHORIZES a gradual reintegration with the mother if the situation allows it; [ 11 ] ORDERS that the child’s mother take an active

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

[ 12 ] ORDERS that the child’s mother report in person at regular intervals to the Director of Youth Protection to inform her of the current situation; [ 13 ] ORDERS that the contacts between the child and the mother be determined by the Director of Youth Protection with regards to the modality, frequency and degree of supervision; [ 14 ] ORDERS that a person working for an institution or a body provide aid, counselling and assistance to the child and the child’s family; [ 15 ] ENTRUSTS the situation of the child X to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 16 ] ORDERS any peace officer to collaborate to the execution of the order if requested by the Director of Youth Protection; [ 17 ] THE WHOLE until November 30, 2022 .

Signed on February 17, 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 3, 2022