2021 QCCQ 15327, 2021 QCCQ 15327

Protection de la jeunesse — 219069 2021 QCCQ 15327 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 610-41-000918-219 DATE: November 3, 2021 (written judgment rendered on January 11, 2022) ______________________________________________________________________ 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 Applicant and A Mother and B 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 and (c) [1] of

section 38 of the Youth Protection Act . [ 2 ] The DYP asks to entrust the child to Ms. C for a period of one year with a 3-month reintegration at the father’s. Position of the Parties [ 3 ] Despite being dully served, the mother is absent and not represented. Considering the best interest of the child, the Court proceeds in her absence. [ 4 ] The father is present. He was represented by Me Marie-Michelle Grenier, but as Me Grenier was not present at the Court and unreachable, the father decided not to be represented.

He recognizes that the situation of his daughter is endangered and he agrees with the measures. [ 5 ] The child is 5 years old. She is absent, but represented by Me Samuel Richard-Guertin. On her client’s behalf, Me Richard submits that the security and development of the child are endangered and that the measures suggested being in her best interest. Facts [ 6 ] Considering the absence of contestation, 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.

FOR THOSE REASONS, THE COURT: [ 7 ] GRANTS the application; [ 8 ] DECLARES that the security and development of the child X, born on [...], 2017, are endangered under paragraphs (b) (1) iii and (

c) of

section 38 of the Youth Protection Act ; [ 9 ] RATIFIES the draft agreement;

[ 10 ] ORDERS the implementation of the measures mentioned in the draft agreement signed by the parties on November 3, 2021; [ 11 ] ORDERS the parties to comply with the measures; [ 12 ] 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; [ 13 ] 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 Jean-Bernard Terrisse, attorney for the Director of Youth Protection Me Samuel Richard-Guertin, attorney for the child Date of hearing: November 3, 2021 [NDLE : Ce projet d’entente n’est pas disponible.]