2022 QCCQ 8984, 2022 QCCQ 8984

Protection de la jeunesse — 225419 2022 QCCQ 8984 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] « Youth Division »

No: 140-41-000580-199 DATE: September 22, 2022 ______________________________________________________________________ THE HONOURABLE HERMINA POPESCU, Q.C.J. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X (born on […], 2018) Child and A Mother and B Father ______________________________________________________________________ JUDGMENT ON APPLICATION FOR PROTECTION ______________________________________________________________________ WARNING: The Youth Protection Act (Y.P.A.) prohibits 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 for a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] Applicant submits that the security or development of X is endangered as he is subjected to psychological ill-treatment. [ 2 ] At the hearing, the parties file a draft agreement acknowledging the facts establishing that the security or development of the child are endangered and their agreement to the measures to put an end to this situation. [ 3 ] This draft agreement is enclosed to this judgment and is an integral part of it. [ 4 ] The facts admitted by the parties prove, on balance of probabilities, that the security or development of X are endangered as he is subjected to psychological ill-treatment. [ 5 ] The measures proposed in the draft agreement respect the rights and interest of X.

THEREFORE, THE COURT : [ 6 ] DECLARES that the security and development of X are endangered according to

section 38c) of the Youth Protection Act ; [ 7 ] ENTRUSTS the situation of the child to the Director of Youth Protection of the Centre intégré de santé et de services sociaux A until March 31, 2023 under the following conditions: [ 8 ] ORDERS that the child be entrusted to his parents on a joint custody basis, from Friday 4 PM to Friday 4 PM; [ 9 ] RECOMMENDS to the parents to get involved in a mediation process; [ 10 ] PROHIBITS the parents from exposing the child to any form of violence; [ 11 ] PROHIBITS the parents from denigrating each other, directly or indirectly, in person, through intermediaries or by any other means, at all times, but especially in the presence of the child; [ 12 ] ORDERS that the child’s parents actively participate in the application of the ordered measures; [ 13 ] ORDERS that the Director of Youth Protection brings to the child as well as to his parents helps, advices and supports.

__________________________________ HERMINA POPESCU, J.C.Q. M e Myriam Dufresne contentieux du cisss A For the applicant M e Mylène Murray centre communautaire juridique A For the child M e Danny Genois For the father Filed on : September 22, 2023 [NDLE : Ce projet d’entente (Draft agreement ) n’est pas disponible.]