2022 QCCQ 8049, 2022 QCCQ 8049

Protection de la jeunesse — 222399 2022 QCCQ 8049 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 640-41-002754-213 DATE: February 4, 2022 ______________________________________________________________________ BY THE HONOURABLE CHRISTIAN LEBLANC J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2009 [SOCIAL WORKER 1], in her quality of authorized person by the Director of Youth Protection A, having a place of business in [...], Applicant and A, Mother and B, Father ______________________________________________________________________ JUDGMENT (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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to declare that the security and development of the child X, born on [...], 2009, are in danger under

section 38 b) (1) iii) and

c) of the Youth Protection Act . [ 2 ] Furthermore, to put an end to that endangerment, the Director is asking the Court to maintain the child with the mother, with other measures, until January 31, 2023. POSITION OF THE PARTIES [1] For the Director, Ms [Social Worker 2] testified about the steps she took to reach the father before the day of the present hearing. He was legally served the documents and she tried many times to reach him since then, without success. Therefore, the Court DECLARES having jurisdiction to proceed in the father’s absence. [2] The mother is not present, but she is represented.

Through her lawyer, she recognizes that the security and development of her daughter are in danger under the alleged sections and she agrees with the measures proposed by the Director. [ 3 ] On her part, the lawyer representing the child admits that the child’s security and development are in danger according to the above mentioned sections and also expressed her agreement with the measures proposed by the Director. [ 4 ] The Court concludes that the present agreement expressed verbally by each of the parties present at the earing represent there will, is the best interest of the child and respect her rights. [ 5 ] Therefore, the Court will endorse it.

FOR THOSE REASONS, THE COURT: [ 6 ] GRANTS the application; [ 7 ] ACKNOWLEDGE the admissions made by the mother and the lawyer of the child that her security and development are in danger according to

section 38 b) (1) iii) and 38

c) of the Youth Protection Act ; [ 8 ] ACKNOWLEDGE the consent expressed by the mother and the lawyer of the child to the effect that the proposed measures are in her best interest; [ 9 ] DECLARES that the security and development of the child X, born on [...], 2009, are in danger according to

section 38 b) (1) iii) and 38

c) of the Youth Protection Act ;

[ 10 ] ENTRUSTS the child to her mother ; [ 11 ] ORDERS that the contacts between the child and the father be determined by the Director as for the modalities, the frequency and the degree of supervision; [ 12 ] ORDERS that the parents report periodically to the Director on the measures they apply in 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 are in danger; [ 13 ] ORDERS that the child and the child’s parents take an active

part in the application of the measures ordered by the Court; [ 14 ] ORDERS that the child and the child’s parents report in person, at regular intervals, to the Director to inform him of the current situation; [ 15 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family; [ 16 ] ENTRUSTS the situation of the child X, born on [...], 2009, to the Director of youth protection A, who shall then see that the measures are carried out; [ 17 ] THE WHOLE until January 31, 2023.

Signed on March 9, 2022 __________________________________ CHRISTIAN LEBLANC , J.C.Q. Me Justine Carli, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Me Angèle Tommasel, attorney for the mother Mr B, father, not represented Date of hearing: February 4, 2022