2020 QCCQ 12707, 2020 QCCQ 12707

Protection de la jeunesse — 209307 2020 QCCQ 12707 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000851-196 DATE: February 10, 2020 (written judgment rendered on February 17, 2020) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2008 [SOCIAL WORKER 1], in her quality of authorized person by the Director of Youth Protection of the Centre intégré de santé et de services sociaux A, having a place of business at [...] Applicant and A, residing and domiciled at [...] Mother and B, residing and domiciled at [...] Father ______________________________________________________________________ JUDGMENT (Section 38 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 (DYP) asks the Court to declare that the security and development of the child X, born on [...], 2008, are endangered under paragraphs (b) (1) iii. and (b) (2) [1] of

section 38 of the Youth Protection Act . [ 2 ] The DYP asks that the child be entrusted to her mother with the exclusion of the father as long as deemed necessary, for a period of 12 months. Position of the parties [ 3 ] The mother is present, but not represented. She recognizes that the security and development of her child are endangered and she agrees with the measures. [ 4 ] The father is absent as he is detained, and did not want to attend the hearing by videoconference to avoid his children to see him handcuffed. He is not represented.

The DYP worker communicated with him and he told her being agree with the recommendations. [ 5 ] X is present and represented by Me Levasseur. She agrees with the measures. [ 6 ] The DYP files the draft agreement signed by the parties. After verifying that the consent was given freely, the Court declares to agree with the measures and accepts to ratify it. FOR THOSE REASONS, THE COURT: [ 7 ] GRANTS the application; [ 8 ] DECLARES that the security and development of the child X, born on [...], 2008, are endangered under paragraphs (b) (1) iii. and (b) (2) of

section 38 of the Youth Protection Act ; [ 9 ] RATIFIES the draft agreement; [ 10 ] ORDERS the implementation of the measures mentioned in the draft agreement signed by the parties on February 10, 2020, and files as exhibit D-6; [ 11 ] ORDERS the parties to comply with the measures; [ 12 ] ORDERS the clerk of the Court of Quebec, Youth Division, to attach to this judgment a copy of the draft agreement to form an integrant part hereof, and to attach such copy of the judgment to be subsequently delivered;

[ 13 ] ORDERS the Director of Youth Protection to file the child’s birth certificate in the Court file upon reception; [ 14 ] ENTRUSTS the situation of the child X, to the Director of Youth Protection for the execution of this order; [ 15 ] THE WHOLE for a period of 12 months. __________________________________ PEGGY WAROLIN , J.C.Q. Me Julie Lemire, attorney for the Director of Youth Protection Me André Levasseur, attorney for the child Date of hearing: February 10 2020