2020 QCCQ 11957, 2020 QCCQ 11957

Protection de la jeunesse — 205831 2020 QCCQ 11957 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 760-41-006145-190 760-41-006144-193 760-41-006127-198 DATE: March 13, 2020 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X , born on [ … ] , 2006 Y born on [ … ] , 2004 Z born on [ … ] , 2002 Children ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant v.

A B Parents ______________________________________________________________________ JUDGMENT Art. 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 applies for protection orders in regards to the siblings Z, X and Y. [ 2 ] The Court dispenses service to their father, as he is of unknown whereabouts despite efforts made and is, furthermore, disinvested in his children’s lives. [ 3 ] An agreement intervenes between Director, the mother and the children, on the reasons for endangerment as well as the appropriate measures destined to protect the children as well as rehabilitate the situation, said agreement being annexed to the present judgment to constitute an integral part thereof. [ 4 ] The facts consigned in the agreement as well as the evidence produced, permit to conclude that the security and the development of the children are in danger in reason of educational neglect and, as concerns Z and X only, for the additional reason of serious behavioural disturbance. [ 5 ] The parties admit that in the last years, the family struggles with various challenges which negatively affect the relational dynamic as well as the children’s functioning.

More specifically, both Z and X present persistent behavioural difficulties, including oppositional behaviours and violence. [ 6 ] Y also presents significant anxiety issues for which she requires services. [ 7 ] This reflects in both the home and school environments for all three children. The mother recognizes having increasing difficulties dealing with the family situation and to requiring accompaniment as to her educational methods and their application in a consistent manner. [ 8 ] The parties agree to a series of measures, including the services of an educator.

Reflecting the expressed will of the parties, this agreement respects the objectives of the Youth Protection Act as well as the interests and rights of the children.

[ 9 ] As such, the Court endorses said agreement and affords it force of law.

FOR THESE REASONS, THE COURT: [ 10 ] GRANTS the applications for protection; [ 11 ] DECLARES the security and the development of the children in danger for the following reason : • educational neglect (article 38b)1)iii) Youth Protection Act ); [ 12 ] DECLARES the security and the development of the children Z and X in danger for the following additional reason: • serious behavioural disturbance (article 38f) Youth Protection Act ) [ 13 ] TAKES ACT that the parties recognize the facts constituting the foundation of the situation of endangerment; [ 14 ] HOMOLOGATES AND DECLARES EXECUTORY the measures provided in paragraph 6 of the agreement annexed to the present judgment; [ 15 ] ORDERS the parties to adhere thereto; [ 16 ] ALL THESE MEASURES for 1 year, as concerns the children X and Y; [ 17 ] ALL THESE MEASURES until his majority on […], 2020, as concerns Z. [ 18 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q.

Me Andréa Ruel Attorney for the applicant Me Maryse Fournier Attorney for the mother Me Karine P. Poissant Attorney for the children Date of hearing: March 13, 2020 Date of signature: April 7, 2020 [NDLE : Cette entente n'est pas disponible.]