2020 QCCQ 12961, 2020 QCCQ 12961

Protection de la jeunesse — 209500 2020 QCCQ 12961 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] CITY OF [...] « Youth Division »

No: 650-41-002921-183 DATE: October 6, 2020 ______________________________________________________________________ BY THE HONOURABLE HERMINA POPESCU, Q.C.J. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X (born on [...] 2011) Child and A Father ______________________________________________________________________ JUDGMENT ON APPLICATION FOR REVIEW AND EXTENSION ______________________________________________________________________ WARNING: The Youth Protection Act (Y.P.A.) 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 ] Alleging that new facts are arisen since this Court’s January 29 th 2020 order, the Applicant asks the Court to review it and entrust X to his maternal grandparents, B and C. [ 2 ] In the last Court’s order, judge Gallant considered that the security and development of X are still endangered because X was abandoned (his mother is dead and his father is absent) and because the child is neglected for educational needs because the difficulties of the grand-parents to apply discipline.

She entrusted X to his grandparents for a duration of 8 months. [ 3 ] Since the last Court order, X lived with his grandparents.

The grandparents accepted to receive help in order to correct X’s behavior. [ 4 ] At the hearing, the parties file a draft agreement in which they recognize the facts allowing to conclude that the security and development of X are still endangered and agree to the measures to put an end to the situation. [ 5 ] This draft agreement is enclosed with this Court’s order and is part of it. [ 6 ] The facts acknowledged by the parties allow the Court to conclude that the security and development of X are still endangered because he is in a situation of abandonment by his father and because he is in a situation of neglect due to the grandparents lack to ensure his educational needs. [ 7 ] The measures agreed upon by the parties are compliant with the Youth Protection Act’s objectives and are in the best interest of X.

THEREFORE, THE COURT : [ 8 ] REVISES and EXTENDS the Court’s order of January 29 th 2020; [ 9 ] DECLARES that the security and the development of X are still endangered; [ 10 ] ENTRUSTS the situation of the child to the Director of Youth Protection until his majority, [...] 2029 under the following conditions: [ 11 ] ORDERS that the child be entrusted to his maternal grandparents, Mr. B and Mrs. C; [ 12 ] ORDERS that the child receives all care and health services that he needs;

[ 13 ] WITHDRAWS parental authority’s from the father and AUTHORIZES the Director of Youth Protection or the person designed by her to consent to the health care and services needed by the situation of the child, to the schooling and after school activities, cultural and sport activities and AUTHORIZES the Director of Youth Protection to obtain a passport and driver licence and the authorization to travel outside the country for the child; [ 14 ] FORBIDS any contact with D; [ 15 ] ALLOWS contact between the father and the child following agreement between the parties; [ 16 ] ALLOWS the exchange of information between the professional who are working with the child; [ 17 ] ORDERS that the Director of Youth Protection provide aid, counselling and assistance to the child and the child’s family; [ 18 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the caring out of this order. __________________________________ HERMINA POPESCU, J.C.Q.

M e Lyne Monger For the Applicant M e Chantal Gaudreau For the child M e Jacinthe Ledoux For the father Filed on : October 13 th 2020