2019 QCCQ 12349, 2019 QCCQ 12349
Opinion
Protection de la jeunesse — 192876 2019 QCCQ 12349 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No.: 640-41-002101-175 DATE: March 22, 2019 ______________________________________________________________________ PRESIDING: THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A Applicant and X, born on [...], 2004 Youth and A (deceased) Mother ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR EXTENSION (Sections 95(para.2) and 75, Youth Protection Act , CQLR, c.
P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified. Every person who contravenes this provision commits an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection applied to extend a decision under s. 95 of the Youth Protection Act , [1] rendered on July 24, 2018, by the Honourable Denyse Leduc, J.C.Q.
At that time, she declared that the security and development of X, born on [...], 2004, were still in danger and entrusted her to the maternal grandparents. [ 2 ] The youth and the tutor attended the hearing by videoconference. X was assisted by counsel. [ 3 ] The parties agreed with the suggestion of Youth Protection and admitted the following facts. [ 4 ] Since the last Court hearing, X has remained under the care of her maternal grandparents. The maternal grandparents still display alcohol consumption issues.
However, they are able to provide for the needs of the youth. [ 5 ] The youth disclosed that she has been living with the maternal grandparents for a while and that she feels at home with them. The maternal grandparents sometimes struggle to provide the necessary structure and supervision for the youth. [ 6 ] On November 29, 2018, Youth Protection was informed that the youth had not attended school for a few weeks. [ 7 ] The maternal grandmother disclosed that she had agreed to become the youth’s legal tutor. [ 8 ] The maternal grandparents are open to receiving support from Youth Protection.
FOR THESE REASONS, THE COURT: [ 9 ] GRANTS this application; [ 10 ] EXTENDS the decision or order rendered on July 24, 2018; [ 11 ] DECLARES that the security and development of the youth, X, born on [...], 2004, are still in danger according to s. 38(b)1 o (iii); [ 12 ] ORDERS that the youth remain with the maternal grandmother, Mrs.
B; [ 13 ] ORDERS the maternal grandmother to report periodically to the Director on the measures she applies in her own regard or in the youth’s regard to put an end to the situation in which the security and development of the youth are in danger; [ 14 ] ORDERS the youth and the maternal grandmother to take an active
part in the application of any of the measures ordered by the Court; [ 15 ] ORDERS that the youth attend school or another place of learning or participate in a program geared to developing skills and
autonomy; [ 16 ] ORDERS that the youth receive specific health care and health services, namely a psychological assessment; [ 17 ] ORDERS that the youth and the youth’s family receive the services of an external educator for the period deemed necessary by the professional; [ 18 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and the youth’s family; [ 19 ] ORDERS the police to cooperate in the execution of this judgment; [ 20 ] ENTRUSTS the situation of the youth, X, to the Director of Youth Protection A, who shall then see that the measures are carried out.
THE WHOLE UNTIL JANUARY 31, 2020. __________________________________ MARC OUIMETTE, J.C.Q. Mtre Sarah Bourgeois-Lessard Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Isabelle Martineau Centre communautaire juridique A Counsel for the youth Date of hearing: March 22, 2019
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