2023 QCCQ 8557, 2023 QCCQ 8557

Protection de la jeunesse — 232806 2023 QCCQ 8557 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000838-193 DATE: January 13, 2023 (written judgment rendered on April 4, 2023) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2016 [SOCIAL WORKER 1], in her quality of authorized person by the Director of Youth Protection of the Centre intégré de santé et services sociaux 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 review and extension in relation to X, born on [...], 2016; [ 2 ] WHEREAS the parties have come to a proposed agreement, both on the grounds 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 or development of X is impaired under sections 38 b) 1 o iii, b) 2 o and

c) 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 her 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 or development of the child X, born on [...], 2016, are still endangered pursuant sections 38 b) 1 o iii, b) 2 o and

c) 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 January 13, 2023, which are: - That the child X, born on […], 2016, be entrusted to the paternal aunt and uncle, C, for a period of 6 months; - That the parents commit to participate actively and honestly on the measures ordered; - That the child's parents report periodically to the director on the measures they apply their own regard or in their child's regard to put an end to the situation in which the security or development of the child is in danger; - That the visits with the parents be determined by the DYP as for terms and modalities, and in the presence of a third party approved by the DYP if judged necessary by the DYP be in the presence of a third party if determined as necessary by the DYP

- That aid, counselling and assistance be given to the child and the parents for a period of 6 months; - That the parents benefit from an individual follow up, notably in regard to their substance abuse and situation of conjugal violence, for as long as deemed necessary by the professional; - Authorize the Director of Youth Protection to make unannounced visits in the residence of the parents when the child is there; - That in the child's presence, the parents remain sober at the times, do not use drugs or alcohol and do not expose the child to person that are under the influence on drugs or alcohol; - That the child receive all the health and social care and services required by her state; - That the parents accept the exchange of information between all professionals implicated in the family's life to put an end to the situation in which the security or development of the child is in danger; - That any police body to collaborate for the purpose of executing this enactment; [ 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 child X to the Director of Youth Protection for the execution of this order. __________________________________ PEGGY WAROLIN , J.C.Q.

M e Marie-Michelle Grenier Attorney for the Director of Youth Protection M e Catherine Dionne-Marcotte Attorney for the child M e Jennifer Lévesque-Girard Attorney for the father Date of hearing: January 13, 2023