2021 QCCQ 831, 2021 QCCQ 831
Opinion
Protection de la jeunesse — 2198 2021 QCCQ 831 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 550-41-003208-186 DATE: January 25 th , 2021 ______________________________________________________________________ BY THE HONOURABLE JEAN-FRANÇOIS NOËL, J.Q.C. ______________________________________________________________________ [Social Worker 1] , youth protection worker, duly authorized by the Director of Youth Protection of the Center A Applicant and X Child and A B Parents ______________________________________________________________________ JUDGMENT RELATING TO A DRAFT AGREEMENT (Art. 76.3 & 76.4 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 Court is seized of a motion under
Section 95 of the Youth Protection Act , whereby the Director of Youth Protection is seeking the revision and extension of the decision rendered by this Court on May 3 rd , 2019 in relation to the situation of X, now aged 5. [ 2 ] On that date, the undersigned entrusted the child to the proximity foster family of Mrs. C and Mr. D for a period of twelve months.
The order also provides for supervised contacts between the child and her mother as well as follow-ups for the mother in relation to her mental health and parental abilities. [ 3 ] The parties have come to an agreement concerning the new facts in support of the motion for revision and extension as well as in relation to the appropriate protection measures for the child. The parties submit to the Court a draft agreement to that effect.
The facts outlined in the agreement confirm that the security and development of the child remain endangered; they also support the revision and extension of the decision rendered on May 3 rd , 2019. [ 4 ] The agreement reflects the parties’ intent while respecting the objectives of the Youth Protection Act . It meets the needs of the child and respects her rights. The agreement is signed by all the parties and the Court has verified their free and informed consent.
FOR THOSE REASONS, THE COURT: [ 5 ] GRANTS the motion; [ 6 ] DECLARES that the security and development of the child remain endangered; [ 7 ] REVISES AND EXTENDS the decision rendered by this Court on May 3 rd , 2019; [ 8 ] RATIFIES the draft agreement, which forms an integral part of this judgment; [ 9 ] ORDERS the implementation of the measures contained in the draft agreement; [ 10 ] ORDERS the parties to comply with the measures;
[ 11 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of this judgment. Signed on January 25 th , 2021 __________________________________ JEAN-FRANÇOIS NOËL, J.Q.C. M e Danny Parisé Counsel for the Director of Youth Protection M e Claude Dostie Counsel for the child Date of hearing: January 25 th , 2021 [NDLE : Par souci de confidentialité, SOQUIJ a retiré du présent jugement l'entente]
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