2020 QCCQ 12341, 2020 QCCQ 12341
Opinion
Protection de la jeunesse — 208810 2020 QCCQ 12341 COURT OF QUEBEC YOUTH DIVISION CANADA PROVINCE OF QUEBEC DISTRICT OF [...] No: 525-41-036418-200 DATE: November 16, 2020 ______________________________________________________________________ PRESIDING JUDGE : HONOURABLE ANNIE SAVARD, J.C.Q. ______________________________________________________________________ Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant - and - X Born on [...], 2004 - and – A - and – B Respondents ______________________________________________________________________ JUDGMENT
Section 38 Y.P.A. ______________________________________________________________________ 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 a protective order concerning X, aged fifteen years old. [ 2 ] The parties reached an agreement pursuant to
section 76.3 of the Youth Protection Act . [ 3 ] By this agreement, the parties recognized that the security and the development of the adolescent are in danger on the grounds that the adolescent is seriously and repeatedly subjected to behaviour of the part of the mother due to the psychological abuse endured by the adolescent while the mother is intoxicated, and due to the risk of neglect caused by the mother’s alcohol consumption [1] .
The facts described by the parties support the foundation of the situation of endangerment. [ 4 ] Furthermore, the parties agree on the measures needed to remedy the situation of endangerment. [ 5 ] The agreement reached by the parties is annexed to, and is an integral part of, the present judgment. [ 6 ] This agreement, which reflects the expressed will of the parties and their adhesion to the measures proposed therein, respect the provisions of the Youth Protection Act . [ 7 ] The Court, after verification of the validity of the consents of the parties present at the hearing and having ensured the respect of the adolescent’s rights, concludes that the agreement reached by the parties must be ratified.
THEREFORE, THE COURT: [ 8 ] GRANTS the Application; [ 9 ] DECLARES that the security and development of the adolescent X are compromised in conformity with
section 38
c) and b) 2 of the Youth Protection Act ;
[ 10 ] RATIFIES and DECLARES executory the agreement reached by the parties, which is joined to the present judgment; [ 11 ] THE WHOLE for a period of one year; [ 12 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A, who shall then see that the measures are carried out; AS/ml Signed and filed in Town A, on December 3, 2020 __________________________________ Annie Savard , J.C.Q.
Me Ivan Lazarov Attorney of the Director of Youth Protection Me Guy-Luc Grondin Attorney of the adolescent Me Marie-Ève Tourigny Attorney of the mother Date of hearing: November 16, 2020 [NDLE : Cette entente n'est pas disponible.]
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