2022 QCCQ 11710, 2022 QCCQ 11710
Opinion
Protection de la jeunesse — 226842 2022 QCCQ 11710 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division No: 640-41-002715-214 DATE: November 11, 2022 ______________________________________________________________________ BY THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in […] Applicant and X, born on [...], 2013 Child and A Mother and B Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR EXTENSION (Second paragraph of
section 95 of the Youth Protection Act , CQLR, c. P-34.1 ) ______________________________________________________________________ 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 Youth Protection has applied for the extension of a decision under s. 38 of the Youth Protection Act [1] rendered on November 24, 2021, by the Honourable Dominique Wilhelmy, J.C.Q.
At the time, X’s security and development were in danger and she was entrusted to Ms. C, the maternal grandmother. [ 2 ] At the hearing, the child was not present, but she was represented by counsel. The parents were not present, but they were represented by counsel. Facts since the last Court hearing: [ 3 ] The situation of the child has remained stable. She is developing well and attending school on a regular basis. The child has had several unsupervised visits with her mother and her other siblings at the family home after school and on the weekends.
The mother’s issue with alcohol and drug consumption has not improved. [ 4 ] The father is still detained and will remain so for the foreseeable future. He has been collaborative and involved in contact with his child. [ 5 ] The parties recognize that X’s security and development are still in danger and that the measures need to be extended. The measures proposed by the Director of Youth Protection are not contested by the parents or the child’s counsel.
FOR THESE REASONS, THE COURT: [ 6 ] GRANTS the application; [ 7 ] EXTENDS the decision rendered on November 24, 2021; [ 8 ] DECLARES that the security and development of X, born on [...], 2013, are still in danger; [ 9 ] ENTRUSTS the child to a foster family, chosen by the institution operating a child and youth protection centre, namely Ms. C; [ 10 ] ORDERS that the child be gradually reintegrated into the mother’s care as soon as the situation allows;
[ 11 ] ORDERS that the child and the child’s parents take an active
part in the application of any of the measures ordered by the Court; [ 12 ] ORDERS that the child and the child’s parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 13 ] RECOMMENDS that the parents seek help through social services for their alcohol, drug and personal issues; [ 14 ] ORDERS that the terms, frequency and degree of supervision of contact between the child and the parents be determined by the Director of Youth Protection; [ 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 ] ORDERS the execution of the present decision by any peace officer; [ 17 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out. [ 18 ] THE WHOLE until November 11, 2023. __________________________________ MARC OUIMETTE, J.C.Q.
Mtre Adèle Cyr Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Cassandra Neptune Centre communautaire juridique A Counsel for the child Mtre Angèle Tommasel Counsel for the parents Date of hearing: November 11, 2022
Loading document…