2019 QCCQ 12352, 2019 QCCQ 12352
Opinion
Protection de la jeunesse — 192879 2019 QCCQ 12352 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division Nos.: 640-41-002155-189; 640-41-002156-187 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 Town AA, working in Town C Applicant and X, born on [...], 2016 Y, born on [...], 2014 Children and A Mother ______________________________________________________________________ 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 a decision under s. 95 of the Youth Protection Act , [1] rendered on March 26, 2018, by the Honourable Jean Gravel, J.C.Q.
At that time, he declared that the security and development of X, born on [...], 2016, and Y, born on [...], 2014, were in danger and entrusted them to a foster family. [ 2 ] At the hearing, the children were not present considering their young age, but were represented by counsel. The mother was present and assisted by counsel. Facts: [ 3 ] Since the last Court hearing, the children have remained under the care of the maternal grandparents and are doing well. [ 4 ] On July 6, 2018, the mother returned from Town B after several months of absence .
Since her return to Town C, she has had contact with the children on a daily basis. [ 5 ] The mother has not sought help for her personal issues. [ 6 ] On December 12, 2018, the mother disclosed that she had been staying with the maternal grandparents’ house for several days as she wanted to stop drinking alcohol. [ 7 ] The mother’s cooperation with Youth Protection is regular. [ 8 ] The mother agrees with the measures recommended by the applicant.
FOR THESE REASONS, THE COURT: [ 9 ] GRANTS these applications; [ 10 ] EXTENDS the decision or order rendered on March 26, 2018; [ 11 ] DECLARES that the security and development of X, born on [...], 2016, and Y, born on [...], 2014, are still in danger; [ 12 ] ORDERS that the children be entrusted to a foster family, namely the maternal grandparents, B and C;
[ 13 ] AUTHORIZES the children’s reintegration with the mother if the situation allows; [ 14 ] ORDERS the mother to take an active
part in the application of any of the measures ordered by the Court; [ 15 ] ORDERS the mother to report in person, at regular intervals, to the Director to inform him of the current situation; [ 16 ] ORDERS the mother to remain sober in the presence of the children; [ 17 ] ORDERS that contact between the children and the mother be determined by the Director of Youth Protection with respect to the terms, frequency and degree of supervision; [ 18 ] 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; [ 19 ] ORDERS the police to cooperate in the execution of this judgment; [ 20 ] ENTRUSTS the situation of the children, D and Y, to the Director of Youth Protection Town AA, who shall then see that the measures are carried out.
THE WHOLE UNTIL MARCH 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 children Mtre Angèle Tommasel Counsel for the mother Date of hearing: March 21, 2019
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