2019 QCCQ 11144, 2019 QCCQ 11144
Opinion
Protection de la jeunesse — 192032 2019 QCCQ 11144 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No.: 635-41-000843-182 DATE: February 28, 2019 ______________________________________________________________________ PRESIDING : THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] AND/OR [SOCIAL WORKER 2] , youth protection workers, duly authorized by the Director of Youth Protection A, working in Town A and Town B Applicant and X, born on [...], 2004 Youth and A Mother ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR REVISION (Sections 95(para. 1) 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 for the review of a decision, under s. 95 of the Youth Protection Act , [1] rendered on December 14, 2018, by the Honourable Lucille Beauchemin, J.C.Q.
At that time, she declared that the security and development of X were still in danger and entrusted him to Ms. B and Mr. C until December 31, 2019. [ 2 ] At the hearing, the mother was not present, but was represented by counsel. The youth could not travel, but was represented by counsel. FACTS ADMITTED: [ 3 ] The mother’s situation remains the same. [ 4 ] Following the last Court hearing, the youth remained entrusted to his sister, Ms. B, and Mr. C. [ 5 ] On December 24, 2018, the police had to intervene with Ms. B as she was displaying suicidal behaviour while Mr. C was out of the community. Ms.
B was hospitalized and revealed that she could not take care of the youth anymore. [ 6 ] On December 26, 2018, Mr. C confirmed to Youth Protection that he could not take care of the youth anymore. [ 7 ] On December 27, 2018, Youth Protection met with the maternal grandmother, Ms. D, who agreed to take care of the youth and to cooperate with Youth Protection. [ 8 ] Everybody agrees that X should stay with his maternal grandmother in Town B.
FOR THESE REASONS, THE COURT: [ 9 ] GRANTS this application; [ 10 ] REVIEWS the decision or order rendered on December 14, 2018; [ 11 ] DECLARES that the security and development of X, born on [...], 2004, are still in danger; [ 12 ] ORDERS that the adolescent be entrusted to his maternal grandmother, Ms. D; [ 13 ] ORDERS the adolescent and his mother to take an active
part in the application of any of the measures ordered by the Court; [ 14 ] ORDERS the adolescent and his mother to report in person, at regular intervals, to the Director to inform him of the current situation;
[ 15 ] ORDERS the mother to remain sober in the presence of the adolescent; [ 16 ] RECOMMENDS that the mother seek help through Social Services for her alcohol consumption and conjugal violence issues; [ 17 ] RECOMMENDS that the mother be evaluated for attachment issues; [ 18 ] ORDERS that the services of an external educator be maintained as long as deemed necessary; [ 19 ] ORDERS that the services of a psychologist be provided as long as the situation requires; [ 20 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and the adolescent’s family; [ 21 ] ORDERS the police to cooperate in the execution of this judgment; [ 22 ] ENTRUSTS the situation of X, born on [...], 2004, to the Director of Youth Protection A, who shall then see that the measures are carried out.
THE WHOLE UNTIL DECEMBER 31, 2019. __________________________________ MARC OUIMETTE, J.C.Q. Mtre Geneviève Apollon Cain Lamarre, s.e.n.c.r.l. Counsel for the applicants Mtre Isabelle Martineau Centre communautaire juridique A Counsel for the youth Mtre Angèle Tommasel Counsel for the mother Date of hearing: February 28, 2019
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