2023 QCCQ 11018, 2023 QCCQ 11018
Opinion
Protection de la jeunesse — 235700 2023 QCCQ 11018 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 105-41-000641-234 DATE: September 26, 2023 ______________________________________________________________________ BY MADAM JUSTICE ANDREE ST-PIERRE, C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , in her quality of authorized person by the Director of youth Protection, of the Centre de santé et de services sociaux A; Applicant and X Child and A and B Parents/Respondents ___________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) applies for an application for protection concerning X who is nine years old and asks that she be maintained with her parents. [ 2 ] The parents have two children, X and Y who is ten years old. [ 3 ] The parties came to an agreement concerning the foundation of the situation of endangerment as well as the appropriate measures of protection to be applied. [ 4 ] The evidence shows that the parents live in a house where there are all kinds of problems.
Furthermore, they will probably be evicted in the following months. They are on a waiting list to get a HLM and if they don’t find a suitable apartment, the mother will leave to live in a women’s shelter with the children. [ 5 ] Both parents have drug issues. Redeem drug tests have been negative to all drugs for some weeks now. [ 6 ] The parents have financial problems. They used to have a lack of food and they now go to a food bank. At first, the parents failed to cooperate with the social worker, the father was even threatening her.
Now they collaborate with the DYP. [ 7 ] The security and the development of the child are considered to be in danger according to
section 38 b)1 (i), 38 b) 1 (iii) and 38 c) 1 of the Youth Protection Act . [ 8 ] The agreement signed by the parties is in the child best interest and respect her rights. FOR THESE REASONS, THE COURT: [ 9 ] GRANTS the application; [ 10 ] DECLARES that the security and development of X are considered to be in danger; [ 11 ] TAKES NOTICES of the acknowledgement by the parties of the facts supporting the application; [ 12 ] RATIFIES AND DECLARE EXECUTORY the measures provided at paragraph 6 of the Agreement which is part of this judgment;
[ 13 ] ENTRUSTS the situation of the X to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present measures until August 31, 2024. Signed on October 3 rd , 2023 _________________________________ ANDRÉE ST-PIERRE, J.C.Q. Me Joanie Bujold Attorney for the DYP Me Isabelle Gagnon Attorney for the child A Mother of the child B Father of the child Date of hearing: September 26, 2023 [NDLE: L'entente (Agreement) n'est pas disponible.]
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