2023 QCCQ 8203, 2023 QCCQ 8203
Opinion
Protection de la jeunesse — 234558 2023 QCCQ 8203 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division N° : 505-41-011261-239 DATE : July 17 th , 2023 ______________________________________________________________________ BY THE HONOURABLE CHRISTEL D’AUTEUIL-JOBIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker duly authorized by the Director of Youth Protection A Applicant -and- X , born on […], 2009 Child -and- A Mother -and B Father ______________________________________________________________________ JUDGMENT Sections 38 and 76.3 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 (the Director) petitions the Court with an Application for Protection, according to
Section 38 of the Youth Protection Act , in the matter of the child X . [ 2 ] An agreement intervenes between the parties on the reasons for endangerment as well as the appropriate measures of protection in the situation of the child, said agreement being annexed to the present judgment to constitute an integral part thereof. [ 3 ] The facts consigned in the agreement permit to conclude that the security and the development of the child are in danger for a situation of neglect on the educational level and for a situation of psychological ill-treatment. [ 4 ] Reflecting the expressed will of the parties, this agreement also respects the objectives of the Youth Protection Act as well as the interests and rights of the child. [ 5 ] As such, the Court endorses said agreement and affords it force of law.
[ 6 ] FOR THESE REASONS, THE COURT: [ 7 ] GRANTS the application; [ 8 ] TAKES ACT of the facts recognized as being the foundation of the situation of endangerment; [ 9 ] DECLARES that the security and the development of the child are in danger for the following reasons : ➢ 38 b)1)iii) : neglect on the educational level; ➢ 38 c) : psychological ill-treatment; [ 10 ] RATIFIES the draft agreement having intervened as being an integral part of the judgment; [ 11 ] ORDERS the parties to comply thereto; [ 12 ] ORDERS that the child be entrusted to her maternal great-aunt , C ; [ 13 ] ORDERS that the contacts between the child and her parents be following agreement between the parties; [ 14 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or their child’s regard to put an end at the situation in which the security or development of the child is in danger; [ 15 ] ORDERS that the child and her parents take an active
part in the application of the measures ordered; [ 16 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 17 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of the Centre intégré de santé et de services sociaux A for the execution of the present measures; [ 18 ] THE WHOLE for a period of five months. __________________________________ CHRISTEL D’AUTEUIL-JOBIN, J.C.Q.
M e Frédérique Earls-Bélanger Attorney for the Director of Youth Protection M e Nancy Côté Attorney for the mother M e Marie-Pier Cauchon Attorney for the father M e Kelly-Ann Sinnett Attorney for the child [NDLE : Cette entente n’est pas disponible.]
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