2023 QCCQ 6688, 2023 QCCQ 6688

Protection de la jeunesse — 233567 2023 QCCQ 6688 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000788-171 DATE: May 29, 2023 (written judgment rendered on June 9, 2023) ______________________________________________________________________ BY THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X, born on [...], 2016 Child and [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT FOR REVISION (

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ 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.).

Introduction [ 1 ] In accordance with the requirements of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on May 29, 2023. [ 2 ] The Director of youth protection (DYP) is requesting a review of the decision rendered on March 16, 2021, in the situation of X. At that date, his situation was declared still endangered and he was entrusted to his maternal grandmother, Mrs. C, until the age of majority. [ 3 ] Today, DYP recommends to entrust the child to the father’s significant other, Ms. D, until May 31, 2024.

Question in litigation [ 4 ] Are the security and development of the child still compromised? In the affirmative, do the recommended measures answer his needs and are they in his best interest? Context and Analysis [ 5 ] The parties are all represented at the hearing, except for the mother. The Tribunal ascertained from the mother that it was her wish not to be represented that day. [ 6 ] The parties have signed a draft agreement in which they acknowledge the facts leading to the situation that compromises the child’s security and development.

They also agree to the measures recommended by the Director of Youth Protection. [ 7 ] After verifying that the consent was given freely and that the measures were in the best interest of the child, the Court declares to agree with the draft agreement and accepts to ratify it. FOR THESE REASONS, THE COURT: [ 8 ] GRANTS the application;

[ 9 ] DECLARES that the security and development of X, born on [...], 2016, are still endangered according to paragraphs b) 2 o and

c) of

section 38 of the Youth Protection Act ; [ 10 ] RATIFIES and DECLARES enforceable the draft agreement signed by all parties; [ 11 ] ORDERS the parties to comply with the measures of the agreement: - That the child be entrusted to the father’s significant other, Ms. D; - That the child’s parents take an active

part in the application of any measures ordered by the Tribunal; - That the father seek help through the Social Services or another resource deemed appropriate concerning his alcohol consumption and personal issues; - That a reintegration with the father be authorized, notably if the latter remains sober in the presence of the child, if he refrains from any form of violence in the presence of the child, if he seeks help regarding his personal issues and, finally, if he maintains a stable situation for at least three months; - That the parents remain sober in the presence of the child; - That the parents refrain from any kind of violence in the presence of the child; - That the contacts between the child and the mother be determined by the Director as for the modalities, frequency and degree of supervision; - That the Youth Protection be authorized to make unannounced visit at the father’s residence; - That the contacts between the child and the paternal uncle, Mr.

E, remain supervised; - That a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family [ 12 ] ORDERS the clerk of the Court of Quebec, Youth Division, to attach to this judgement a copy of the draft agreement to form an integrant part hereof, and to attach such copy of the judgement to be subsequently delivered; [ 13 ] ENTRUSTS the child’s situation to the Director of Youth Protection for the execution of this order; [ 14 ] THE WHOLE until May 31, 2024. __________________________________ Dominique Wilhelmy, J.C.Q.

M e Camille Striganuk For the applicant M e Geneviève Lucas For the child M e Ève Laoun For the father Date of hearing: May 29, 2023 [NDLE: L'entente (draft agreement) n'est pas disponible.]