2021 QCCQ 14609, 2021 QCCQ 14609
Opinion
Protection de la jeunesse — 219449 2021 QCCQ 14609 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] « Youth Chamber »
N° : 505-41-010644-211 DATE : November 5, 2021 ______________________________________________________________________ BY THE HONOURABLE : FRANÇOIS ARTEAU-GAUTHIER ______________________________________________________________________ X , born on [...], 2006 [SOCIAL WORKER 1], duly authorized by the Director of Youth Protection of the Centre intégré de santé et de services sociaux A Applicant -and- A, -and- B, Parents ______________________________________________________________________ JUDGMENT Art. 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 applies for an order of protection in regards to the child X , born on [...], 2006. [ 2 ] An agreement intervenes between the parties on the reasons for endangerment as well as the appropriate measures of protection in the situation of the child, said agreement being annexed to the present judgment to constitute an integral part thereof. [ 3 ] The facts consigned in the agreement permit to conclude that the security and the development of the child are in danger for the following reasons: • 38b)iii) neglect on the educational level; • 38f): serious behavioural disturbance; [ 4 ] Reflecting the expressed will of the parties, this agreement also respects the objectives of the Youth Protection Act as well as the interests and rights of the child. [ 5 ] As such, the Court endorses said agreement and affords it force of law.
FOR THESE REASONS, THE COURT: [ 6 ] GRANTS the application; [ 7 ] DECLARES that the security and the development of the child X are in danger for the following reasons: • 38b)1)iii): neglect on the educational level; • 38f): serious behavioural disturbance; [ 8 ] TAKES ACT of the facts recognized as being the foundation of the situation of endangerment; [ 9 ] HOMOLOGATES and DECLARES EXECUTORY the measures provided in paragraph 8 of the agreement annexed to the present judgment, namely: • ORDER that the child remain with her parental environment; • ORDER that the child’s parents reports periodically to the Director of Youth Protection on the measures they apply in their own regard or in their child’s regard to put an end to the situation in which the security or development of the child is in danger; • ORDER that the child and her parents take an active
part in the application of the measures ordered by the Tribunal; • ORDER that a person working for an institution or body provide aid, counselling or assistance to the child and her family; • ORDER that the child receive certain health care and health services for her diagnosis; • ORDER that the child attend school or another place of learning other than a school or participate in a program geared to developing skills and autonomy; [ 10 ] ENTRUSTS the situation of the child X to the Director of Youth Protection A for the execution of the measures; [ 11 ] THE WHOLE for a period of nine (9) months. __________________________________ FRANÇOIS ARTEAU-GAUTHIER, J.C.Q Me Karell Michaud Attorney for the Director of Youth Protection Me Jessica St-Pierre Attorney for the child Hearing date : November 5, 2021 Date of signature : December 1, 2021
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