2022 QCCQ 8027, 2022 QCCQ 8027

Protection de la jeunesse — 222377 2022 QCCQ 8027 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 640-41-002297-197 DATE: February 3, 2022 ______________________________________________________________________ BY THE HONOURABLE CHRISTIAN LEBLANC J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2011 [SOCIAL WORKER 1], in his quality of authorized person by the Director of Youth Protection A, having a place of business in [...] Applicant and A, Mother ______________________________________________________________________ JUDGMENT (Section 95 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 review and prolong a decision rendered on March 22, 2021, by the honourable Jean Gravel, J.C.Q. regarding the child X, born on [...], 2011. [ 2 ] At that date, the Court declared the security and development Of X still in danger and entrusted him to Ms B, with a gradual reintegration with the mother if the situation allows it. [ 3 ] The Director submits that the situation does not allow to return the child to his mother and that the placement has to be prolonged. [ 4 ] Indeed, the DYP argue that the mother still struggles with alcohol and the DYP is therefore asking the Court to entrust the child to a foster family, with a potential reintegration with the mother if the situation allows it, the whole for another 9 months.

POSITION OF THE PARTIES [ 5 ] The mother is not present, but she is represented.

Through her lawyer, she recognizes that the security and development of her son are still in danger and she agrees with the measures proposed by the Director. [ 6 ] On his part, the lawyer representing the child admits that the child’s security and development are still in danger and he also expressed his agreement with the measures proposed by the Director. [ 7 ] The Court concludes that the present agreement, expressed by each of the parties present represent there will, is the best interest of the child and respect his rights. [ 8 ] Therefore, the Court will endorse it.

FOR THOSE REASONS, THE COURT: [ 9 ] GRANTS the application; [ 10 ] ACKNOWLEDGE the admissions made by the mother and the lawyer of the child that the security and development of X are still in danger; [ 11 ] ACKNOWLEDGE the agreement expressed by the mother and the lawyer of her child with the measures proposed by the Director; [ 12 ] DECLARES that the security and development of the child X, born on [...], 2011, are still in danger;

[ 13 ] ORDERS that the child be entrusted to a foster family, chosen by an institution operating a child and youth protection center; [ 14 ] AUTHORIZES that the child be gradually reintegrated under the care of the mother as soon as the situation allows it; [ 15 ] ORDERS that the child’s mother take an active

part in the application of any of the measures ordered by the Court; [ 16 ] ORDERS that the child’s mother report in person at regular intervals to the Director of Youth Protection to inform her of the current situation; [ 17 ] ORDERS that the contacts between the child and the mother be determined by the Director of Youth Protection with regards to the modality, terms and degree of supervision; [ 18 ] ORDERS that a person working for an institution or a body provide aid, counselling and assistance to the child and the child’s family; [ 19 ] ENTRUSTS the situation of the child X, to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 20 ] ORDERS the police to collaborate with the application of the enactment; [ 21 ] THE WHOLE for a period of nine months, until November 3, 2022 .

Signed on February 17, 2022 __________________________________ CHRISTIAN LEBLANC , J.C.Q. Me Justine Carli, attorney for the Director of Youth Protection Me Michaël Pereira, attorney for the child Me Angèle Tommasel, attorney for the mother Date of hearing: February 3, 2022