2023 QCCQ 8297, 2023 QCCQ 8297

Protection de la jeunesse — 232240 2023 QCCQ 8297 COURT OF QUEBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] « Youth Court »

N° : 525-41-040080-228 DATE : May 12 th , 2023 ______________________________________________________________________ PRESIDING JUDGE: THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant -and- X Born on [...], 2013 -and- A Mother -and- B Father -and- C and D Foster family (parties) __________________________________________________________________ JUDGMENT UPON AGREEMENT BETWEEN THE PARTIES 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (the Director) seizes court of the situation of X alleging that his security and development are endangered due to serious risk of neglect and due to neglect (failing to give the required physical and mental health care and provide the appropriate supervision). [ 2 ] The parties (except the father) had the opportunity to discuss and are presenting an agreement not only on the measures but also on the facts that support the application. [ 3 ] After discussions with the lawyers, the Court is satisfied that this agreement reflects the will of the parties (except the father), respects the prescriptions of the Youth Protection Act and meet the child’s best interests as well as his rights. [ 4 ] The Court therefore ratifies the said agreement and affords it force of law.

AND THEREFORE, THE COURT : [ 5 ] DECLARES that the security and development of the X are endangered due to serious risk of neglect and due to neglect (failing to give the required physical and mental health care and provide the appropriate supervision); [ 6 ] RATIFIES AND DECLARES EXECUTORY the agreement submitted by the parties (except the father) and which is

annexed to the present judgement; [ 7 ] ORDERS the child to be entrusted to the paternal grandfather and his spouse, Mr.

C and Ms.D; [ 8 ] SUSPENDS the contacts between the child and the parents until such time that the parents initiate and attend a minimum of three (3) consecutive meetings with the caseworker to demonstrate their commitment and stability towards the children; [ 9 ] ORDERS that the frequency and modality of contacts between the child and the parents be determined by the Director of Youth Protection, including supervision, for as long as deemed necessary, taking into account the child’s best interests and wishes; [ 10 ] WITHDRAWS from the parents the exercise of the attributes of parental authority pertaining to the child’s health, education, extracurricular activities, travel (including passport application) and GRANTS these attributes of parental authority to the paternal grandfather and his spouse, Mr.

C and Ms.

D; [ 11 ] RECOMMENDS that the parents engage in support services to address their personal needs, including substance abuse; [ 12 ] ORDERS that the child receive all the health care and support services required to meet his needs (namely pediatric services, tutoring services and continuing therapy) and follow all the recommendations from treating professionals, including taking the prescribed medication; [ 13 ] ORDERS that aid, counsel and assistance be provided to the child and the family, including the services of an educator if needed and for as long as necessary, taking judicial notice that the child is currently receiving services from a psycho-educator; [ 14 ] ENTRUSTS the situation of the child to the Director of Youth Protection of the CIUSSS A who shall then see that the measures are carried out; [ 15 ] ORDERS the execution of the present judgment by any peace officer if need be; [ 16 ] THE WHOLE until January 30 th , 2024.

Signed on June 5 th , 2023 __________________________________ MARIE ARCHAMBAULT, J.C.Q. Me Dominique Douglas Attorney for the Director of Youth Protection Me Sylvain Lévesque Attorney for the child Me Lilian Stah Attorney for the mother Me Caroline Daniel Attorney for the foster parents, parties Hearing dates: May 12 th and January 30 th , 2023, November 25 th , November 14 th , and October 24 th , 2022 MA/ss