2023 QCCQ 11016, 2023 QCCQ 11016

Protection de la jeunesse — 235698 2023 QCCQ 11016 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 105-41-000639-238 DATE: September 26, 2023 ______________________________________________________________________ BY THE HONOURABLE ANDRÉE ST-PIERRE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], in her quality of authorized person by the Director of youth Protection, of the Centre intégré de santé et de services sociaux A Applicant and X Child and A and B Parents/Respondents ______________________________________________________________________ JUDGMENT ON AGREEMENT ______________________________________________________________________ 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 the Youth Protection (DYP) applies for a protection order concerning X, who was born on [...], 2021, and she asks that the child be entrusted to her mother at the exclusion of her father. [ 2 ] All the parties have come to an agreement concerning the foundation of the situation of endangerment as well as the appropriate measures of protection to be applied. [ 3 ] The facts in the Agreement show that there is a situation of endangerment, among other things considering the physical and verbal violence used by the father towards the mother in presence of the child.

Furthermore, the father was arrested for domestic violence and broke his release conditions since he had contacts with the mother. [ 4 ] The Court is concerned with the fact that the mother and the father say they want to reunite. To reassure the Court, the Applicant says that the mother is aware that if she does go back with the father, the child will be entrusted to a foster family. The mother wants to keep her child with her so much that it is allowed to believe that she will respect the judgment.

The parents need to realize the impacts of violence on their child. [ 5 ] The Agreement reflects the will expressed by the parties, meets the best interest of the child and respects her rights. FOR THESE REASONS, THE COURT: [ 6 ] GRANTS the motion; [ 7 ] DECLARES that the security and development of X are considered to be in danger according to

section 38 b) 1 (iii), 38 c.1 and 38 e) 2 of the Youth Protection Act; [ 8 ] TAKES NOTICE of the recognition by the parties of the facts supporting the application; [ 9 ] RATIFIES AND DECLARES EXECUTORY the measures set at paragraph 5 of the Agreement which is part of the present judgment; [ 10 ] ENTRUSTS the situation of X to the Director or Youth Protection of the Centre intégré de santé et services sociaux A for the carrying out of the present measures until August 31, 2024.

Signed on October 3 rd , 2023 __________________________________ ANDRÉE ST-PIERRE, J.C.Q. Me Joanie Bujold Attorney for the DYP Me Béatrice Arsenault Attorney for the child A Mother of the child / absent and not represented B Father of the child/ absent and not represented Date of hearing: September 26, 2023 [NDLE: L'entente (Agreement) n'est pas disponible.]