2023 QCCQ 6299, 2023 QCCQ 6299

Protection de la jeunesse — 232801 2023 QCCQ 6299 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 605-41-001186-238 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 […], 2023 [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 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 ] WHEREAS the Director of Youth Protection (DYP) is presenting an application for protection in relation to X, born on […], 2023 ; [ 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 or development of the child is 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 or development of the child X, born on […], 2023, is endangered pursuant

section 38 b) 2 o of the Youth Protection Act ; [ 8 ] RATIFIES the draft agreement (exhibit D-7); [ 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 the father for a period of 12 months; - 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 the child receives all health care and services required by his condition; - That the parents collaborate actively to the follow-up with the Interim Director of Youth Protection’s delegate and apply the advice and means suggested; - 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 the exchange of information be authorized, both verbally and written, between the different professionals providing services to the child and his family and the Interim Director of Youth Protection regarding their collaboration, attendance and evolution of the situation, and this, for the duration of the court order; - 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 parents Date of hearing: April 26, 2023