2020 QCCQ 15108, 2020 QCCQ 15108

Protection de la jeunesse — 2010099 2020 QCCQ 15108 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000877-209 DATE: December 14, 2020 (written judgment rendered on January 18, 2021) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2017 [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 [...], 2017, are endangered under paragraphs (b) (1) iii, (b) (2) and (

c) of

section 38 [1] of the Youth Protection Act . [ 2 ] The DYP asks that the child be entrusted to the mother at the exclusion of the father 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 present, but not represented. He recognizes that the security and development of his child are endangered and he agrees with the measures. [ 5 ] The child is absent, but represented by Me Catherine Dionne-Marcotte.

On his client’s behalf, Me Dionne-Marcotte indicates that Y was able to note an improvement in her parents’ situation since the Court was seized for provisional measures and she appreciates that. For X, Me Dionne-Marcotte indicates that she act under a legal mandate. Me Dionne-Marcotte submits that the recommended measures are in the best interest of both children. [ 6 ] X is 3 years old and she has a sister, Y who is 6 years old. The Court is also seized with her situation. Facts [ 7 ] 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. [ 8 ] Those measures are in the best interest of the child who deserves to live with her parents in a safe environment. The extended family is requested to support the parents. Doing so, as the great grandmother was present, the Court rendered its decision in her presence to be sure that she understand well the whole situation. She was told that the mother trust her a lot and her presence will be beneficial. FOR THOSE REASONS, THE COURT:

[ 9 ] GRANTS the application; [ 10 ] DECLARES that the security and development of the child X, born on [...], 2017, are endangered under paragraphs (b) (1) iii, (b) (2) and (

c) of

section 38 of the Youth Protection Act ; [ 11 ] RATIFIES the draft agreement; [ 12 ] ORDERS the implementation of the measures mentioned in the draft agreement signed by the parties on December 14, 2020; [ 13 ] ORDERS the parties to comply with the measures; [ 14 ] 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; [ 15 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection for the execution of this order. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Flore Tardif, attorney for the Director of Youth Protection Me Catherine Dionne-Marcotte, attorney for the child Date of hearing: December 14, 2020 [NDLE : Ce projet d'entente n'est pas disponible]