2023 QCCQ 6295, 2023 QCCQ 6295

Protection de la jeunesse — 232797 2023 QCCQ 6295 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 605-41-001136-217 DATE: April 26, 2023 (written judgment rendered on May 5, 2023) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on […], 2018 [Social Worker 1], in her quality of authorized person by the Interim Director of Youth Protection [A] Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT ON DRAFT AGREEMENT (Section 95 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 ] WHEREAS the Director of Youth Protection (DYP) is presenting an application for revision and prolongation in relation to X, born on […], 2018 ; [ 2 ] WHEREAS the parties have come to a proposed agreement, both on the ground for compromise and on the appropriate measures in the situation of the child; [ 3 ] WHEREAS the facts enumerated therein support a declaration that the safety and development of the child are still impaired under

section 38 b) 2 o [1] of the Youth Protection Act ; [ 4 ] WHEREAS that this draft agreement reflects the expressed will of the parties, respects the objectives of the Act and responds to the interest of X and the respect of his rights; [ 5 ] It is therefore appropriate to endorse this draft agreement and give it binding effect. FOR THOSE REASONS, THE COURT: [ 6 ] GRANTS the application; [ 7 ] DECLARES that the security and development of X, born on […], 2018, are still endangered pursuant

section 38 b) 2 o of the Youth Protection Act ; [ 8 ] RATIFIES the draft agreement; [ 9 ] ORDERS the implementation of the measures mentioned in the draft agreement signed by the parties, on April 26, 2023, which are: - That the child be entrusted to Mrs. C until May 4, 2023, then to Mrs. D and Mr.

E until April 30, 2024; in the event that they receive the title of community foster family, that the child be entrusted to them as such, with a progressive reintegration in the maternal environment as soon as the situation allows it; - That the contacts between the child and his mother be determined by the Interim Director of Youth Protection regarding frequency, terms and the presence of a third party, if judged necessary ;

- That the contacts between the child and his sibling be encouraged and determined by the Interim Director of Youth Protection regarding frequency, terms and the presence of a third party, if judged necessary - That visits without prior notice by the Interim Director of Youth Protection is authorized at any places where the child is; - That it is forbidden for the parents to put the child in the presence of persons who are using or is under the influence of intoxicants excessively, including themselves; - That it is forbidden that the child be exposed to any form of violence, both physical and verbal, during the exercise of contact between him and the parents; - That the mother benefit from all services and health care required by her condition, including the care required for her mental health and a specific follow-up for substance abuse, for the duration judged required by the professionals, and that she applies the recommendations provided; - That the parents participate actively to the application of measures for the purpose of putting an end to the situation in which the child’s security and development are in danger; - That a person working for an establishment or body provides aid, counsel and assistance to the child and his family for a period of 18 months; [ 10 ] ORDERS the parties to comply with the measures; [ 11 ] 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; [ 12 ] ENTRUSTS the situation of the X to the Director of Youth Protection who shall then see that the measure is carried out. __________________________________ PEGGY WAROLIN , J.C.Q.

M e Annabelle Lanthier-Veilleux Attorney for the Director of Youth Protection M e Julie Auger Attorney for the child M e Cassandra Neptune Attorney for the mother Mr. B Father Date of hearing: April 26, 2023