2022 QCCQ 9177, 2022 QCCQ 9177
Opinion
Protection de la jeunesse — 225406 2022 QCCQ 9177 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 555-41-000175-197 DATE: September 13 th , 2022 ______________________________________________________________________ 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 CISSS A Applicant and X, born on […], 2012; Child and A ( deceased) 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 November 26 th , 2020 in the situation of X, now aged 10. [ 2 ] On that day, the undersigned found the child’s security and development to be endangered as a result of a serious risk of sexual abuse and ordered that he be entrusted to the father’s spouse, Mrs. C, along with several other protection measures. [ 3 ] In light of new facts, the Director now recommends that the child be entrusted to the paternal grandparents, Mrs. D and Mr.
E. [ 4 ] Having come to an agreement concerning the new facts and the new proposed measures; the parties submit 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 protection measures. [ 5 ] The agreement reflects the parties’ intent and respects the objectives of the Youth Protection Act . It meets the child’s needs and is respectful of his rights.
The agreement is signed by all parties and the Court has verified their free and informed consent. [ 6 ] FOR THOSE REASONS, THE COURT: [ 7 ] GRANTS the motion; [ 8 ] DECLARES that the security and development of the child remain endangered; [ 9 ] REVISES AND EXTENDS the decision rendered by this Court on November 26 th , 2020; [ 10 ] RATIFIES the draft agreement, which forms an integral part of this judgment; [ 11 ] ORDERS the implementation of the measures contained in the draft agreement; [ 12 ] ORDERS the parties to comply with the measures; [ 13 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of this judgment.
__________________________________ JEAN-FRANÇOIS NOËL, J.Q.C. M e Kevin Dupéré Counsel for the Director of Youth Protection M e Richard Legendre Counsel for the child Me Nadine Parent Counsel for the father Date of hearing: September 13 th , 2022. [NDLE: Ce projet d’entente (Draft agreement) n’est pas disponible]
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