2015 QCCQ 18006, 2015 QCCQ 18006
Opinion
Protection de la jeunesse — 153980 2015 QCCQ 18006 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 605-41-000716-118 DATE: September 1, 2015 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2011 MRS [SOCIAL WORKER 1], in her quality of authorized person by the Director of Youth Protection, exercising her profession at the Centre intégré de santé et de services sociaux A , having a place of business at […], District A , […] Petitioner and MRS A, residing and domiciled at [...] in CITY A , District A , [...] Mother and MR B, residing and domiciled at [...] in CITY A , District A , [...] Father ______________________________________________________________________ JUDGMENT (section 95 (1 and 2) YPA, 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 11.2, 11.2.1 and 135 YPA). [ 1 ] The Court is seized with a petition asking the revision and extension of the last judgment rendered concerning the situation of the child X , born on [...] , 2011.
The child is placed in the foster family of Mrs C until she reaches her majority and has regular contacts with her mother. Now, the child has a father on her birth certificate and he wants to be part of the measures ordered. [ 2 ] At the hearing, Me Claude Cossette represents the child, Me Mylène Grondin the mother and Me Valerie Martel the petitioner. The father, Mr B , is present, not assisted by a lawyer. [ 3 ] The parents admit most of the allegations and Mrs [Social Worker 1] testifies.
A revision report and the father's criminal record are filed. [ 4 ] It is proved that on March 9, 2015, a judgment rendered by the Superior Court declared Mr B as X 's father. The father lives with the mother and they have another child, born in October 2014. The girl's situation has been referred to the A Social Services. [ 5 ] The parents have drinking and drug problems. Their relationship is punctuated of aggressiveness and impulsivity episodes. The father has been charged many times for crimes involving violence. The parents often have arguments and they are unstable.
They were living at the paternal grandmother's place, but they got evicted because of their regular disputes. [ 6 ] They acknowledged that they did not take any action to work on their personal issues as requested in a delay, but they are offering now good collaboration with the social worker and some improvements have been achieved. [ 7 ] Since July 2014, the father attends regularly the contacts of the mother with the child and she is now well adapted to him. [ 8 ] The parents acknowledge that X is well taken care by Mrs C and that she is attached to her.
They want to visit the child regularly, maintain the bond between them and work on their own issues. CONSEQUENTLY, THE COURT: [ 9 ] GRANTS the petition; [ 10 ] DECLARES that the security and development of X are still in danger; [ 11 ] ORDERS the placement of X in the foster family of Mrs C until her majority; [ 12 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the mother, the father and the child for
the duration of the judgment and ORDERS the father to be more collaborative with the social worker; [ 13 ] ORDERS the Director of Youth Protection to provide all the care and services required by the child; [ 14 ] ORDERS the Director of Youth Protection to favor and supervise the visit rights of the parents to the child (minimum one visit per month for four hours); [ 15 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.
Me Valérie Martel Attorney for the petitioner Me Mylène Grondin Attorney for the mother Me Claude Cossette Attorney for the child Date of hearing: May 29, 2015
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