2018 QCCQ 15634, 2018 QCCQ 15634
Opinion
Protection de la jeunesse — 186431 2018 QCCQ 15634 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 635-41-000653-151 DATE: September 21, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2003 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and MRS A, residing and domiciled at [...] Mother and MR B, residing and domiciled at [...] Father ______________________________________________________________________ JUDGMENT (Section 95 (par. 2) Y.P.A., R.S.Q. 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection A submits to the Court an application for the extension of the measures ordered on October 13, 2017 by Honourable Judge Lucille Beauchemin, J.C.Q., concerning the situation of X, 15 years old. [ 2 ] The applicant recommends that the youth remain in the reception centre until December 2018, and then, integrate a foster family where he will remain until June 30, 2019. [ 3 ] At the hearing, the father and the youth are present, represented by Me Cassandra Neptune and Me Marianne Léonard.
The mother is absent, but represented by Me Angela Tommasel. Me Geneviève Apollon represents the applicant, Mrs A. [ 4 ] Most of the allegations are admitted by the parties and they all agree with the measures recommended in the revision report filed. [ 5 ] The following facts are proven. [ 6 ] Since the last judgment, the youth remained at the [rehabilitation centre A] and he still needs the services even though he improved his behaviour. [ 7 ] The parents still have alcohol consumption issues, an unstable relationship, punctuated by conjugal violence. The father displayed suicidal ideation.
Both parents refuse to seek help for their issues, but they are open to collaborate with youth protection. [ 8 ] Considering such evidence, the director has to find a foster family who will be ready to assume the youth on a long-term basis. Such foster family will have to offer good supervision and structures for the youth.
CONSEQUENTLY, THE COURT: [ 9 ] GRANTS the application; [ 10 ] DECLARES that the security and development of X are still in danger; [ 11 ] ORDERS that X be entrusted until December 14, 2018 in a rehabilitation centre, chosen by the institution operating a child and youth protection service, followed by a placement in a foster family until June 30, 2019; [ 12 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the youth and his parents until June 30, 2019;
[ 13 ] ORDERS the Director of Youth Protection to supervise the contacts between the youth and his parents as for the modalities, frequency and degree of supervision; [ 14 ] ORDERS that the parents remain sober and refrain from any aggressive or violent behaviours in the presence of the adolescent; [ 15 ] ORDERS the Director of Youth Protection to provide the services of an external educator to the youth when he will integrate the foster family for the duration of the judgment; [ 16 ] ORDERS that the adolescent and his parents report in person at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 17 ] ORDERS any police officer to collaborate in the execution of the present judgment; [ 18 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.
Me Geneviève Apollon Attorney for the applicant Me Angela Tommasel Attorney for the mother Me Cassandra Neptune Attorney for the father Me Marianne Léonard Attorney for the youth Date of hearing: July 26, 2018
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