2022 QCCQ 8039, 2022 QCCQ 8039

Protection de la jeunesse — 222389 2022 QCCQ 8039 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 640-41-002693-213 DATE: February 1, 2022 ______________________________________________________________________ BY THE HONOURABLE CHRISTIAN LEBLANC J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2019 [SOCIAL WORKER 1], in her quality of authorized person by the Director of Youth Protection A, having a place of business in [...], Applicant and A, Mother and B, Father ______________________________________________________________________ RECTIFIED 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 [...], 2019, are in danger under

section 38 b) (2) of the Youth Protection Act . [ 2 ] To summarize, the DYP allege that even if the situation of the father improved during the last measure, there is still a need for services and follow up to put an end to the situation of endangerment. POSITION OF THE PARTIES [ 3 ] The mother is not present, but she is represented. Through her lawyer, she recognizes that the security and development of her child are in danger under

section 38 b) (2) (serious risk of negligence) and she agrees with the measures proposed by the Director. [ 4 ] The father is present and represented. He recognizes that the security and development of his child are in danger under

section 38 b) (2) and he also agrees with the measures. [ 5 ] Finally, the child is represented under a legal mandate and his lawyer express the opinion that his security and development are in danger according to the same grounds and also expressed his agreement with the measures proposed by the Director. [ 6 ] The Court took knowledge of the documentary evidence, heard the testimony of the DYP worker, the testimony of the father, and also took into account his factual admissions. [ 7 ] The Court concludes that the present agreement, expressed verbally by each of the parties, represent their will, is the best interest of the child and respect his rights. [ 8 ] Therefore, the Court will endorse it.

FOR THOSE REASONS, THE COURT: [ 9 ] GRANTS the application; [ 10 ] ACKNOWLEDGES the admissions by the parents and the lawyer representing the child that the security and development of the child are in danger; [ 11 ] ACKNOWLEDGES the consent expressed by the parents and the lawyer representing the child to the effect that the proposed measures are in the best interest of the child and are respecting his rights;

[ 12 ] DECLARES that the security and development of the child are compromise under 38 b) (2) ; [ 13 ] ENTRUST the child X to the father; [ 14 ] AUTHORIZES gradual reintegration with both parents if the situation allows it; [ 15 ] ORDERS that while the child is under the care of the father, the contacts between the child and the mother will be determined by the Director as for the modalities, the frequency and the degree of supervision; [ 16 ] ORDERS that if the situation allows the child to be entrusted to both parents, they will have to agree together on the shared custody; [ 17 ] ORDERS that the parents report periodically to the Director on the measures they apply on their own regards and on the child’s regards, to put an end to the situation in which the security and development of the child are in danger; [ 18 ] ORDERS that the child and the child’s parents take an active

part in the application of the measures ordered by the Court; [ 19 ] ORDERS that the child and the child’s parents report in person at regular interval to the Director to inform him of the current situation; [ 20 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and the child’s family; [ 21 ] ENTRUSTS the situation of the child X to the Director of Youth Protection A, who shall then see that the measures are curried out order to the police to collaborate for the execution of the enactment, THE WHOLE UNTIL AUGUST 31, 2022 ; Signed on June 23, 2022 __________________________________ CHRISTIAN LEBLANC , J.C.Q.

Me Justine Carli, attorney for the Director of Youth Protection Me Michaël Pereira, attorney for the child Me Cassandra Neptune, attorney for the mother Me Sébastien Dubé, attorney for the father Date of hearing: February 1, 2022