2019 QCCQ 12353, 2019 QCCQ 12353
Opinion
Protection de la jeunesse — 192880 2019 QCCQ 12353 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division Nos.: 640-41-002207-188; 640-41-002208-186 DATE: March 21, 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 [...], 2016 Y, born on [...], 2015 Children and A Mother and B Father ______________________________________________________________________ JUDGMENT ON APPLICATIONS 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 for the extension of two decisions under s. 95 of the Youth Protection Act , [1] rendered on October 2, 2018, by the Honourable Lucille Beauchemin, J.C.Q.
At that time, she declared that the security and development of X, born on [...], 2016, were still in danger, that the security and development of Y, born on [...], 2015, were in danger, and entrusted them in a foster family. [ 2 ] At the hearing, the children were not present but were represented by counsel. The parents were present and each assisted by counsel. Facts: [ 3 ] Since the last Court hearing, the children have remained under the care of the paternal grandparents and are doing well.
The father also lives in the household of the paternal grandparents and helps them take care of the children. [ 4 ] The father’s cooperation with Youth Protection is regular. [ 5 ] The mother still displays alcohol consumption issues. She missed several visits with the children. She is waiting to enter Portage’s “Mother and Child Program”. [ 6 ] The parties suggest different modifications to the applicant’s recommendations.
FOR THESE REASONS, THE COURT: [ 7 ] GRANTS these applications; [ 8 ] EXTENDS the decision or order rendered on October 2, 2018; [ 9 ] DECLARES that the security and development of X, born on [...], 2016, and Y, born on [...], 2015, are still in danger; [ 10 ] ORDERS that the children be entrusted to a foster family, chosen by the institution operating a child and youth protection centre, with a possible reintegration under the care of the mother or the father, if the situation allows;
[ 11 ] ORDERS the parents to report in person, at regular intervals, to the Director to inform him of the current situation; [ 12 ] ORDERS the parents to take an active
part in the application of any of the measures ordered by the Court; [ 13 ] ORDERS the parents to remain sober in the presence of the children; [ 14 ] ORDERS the parents to refrain from any violent behaviour in the presence of the children; [ 15 ] RECOMMENDS that the mother seek help through Social Services for her personal issues; [ 16 ] AUTHORIZES the mother to enter Portage’s Mother and Child Program with X; [ 17 ] ORDERS the Director of Youth Protection to
schedule a calendar of visits that includes at least three visits per week; [ 18 ] ORDERS that contact between the children and the parents be determined by the Director of Youth Protection with respect to the terms, frequency and degree of supervision; [ 19 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and the children’s family until March 31, 2020; [ 20 ] ORDERS the execution of the present decision by any peace officer; [ 21 ] ENTRUSTS the situation of the children X and Y to the Director of Youth Protection, who shall then see that the measures are carried out.
THE WHOLE UNTIL 31, 2020. __________________________________ MARC OUIMETTE, J.C.Q. Mtre Sarah Bourgeois-Lessard Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Marianne Léonard Counsel for the children Mtre Isabelle Martineau Centre communautaire juridique A Counsel for the mother Mtre Angèle Tommasel Counsel for the father Date of hearing: March 21, 2019
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