2017 QCCQ 17715, 2017 QCCQ 17715
Opinion
Protection de la jeunesse — 177823 2017 QCCQ 17715 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division » N°: 650-41-002661-169 DATE: August 22, 2017 IN THE PRESENCE OF THE HONOURABLE LOUISE GALLANT, J.C.Q. In the case of: X Respondent child and [SOCIAL WORKER 1] Person authorized by the Director of Youth Protection Petitioner and C Respondent mother and D Respondent father JUDGMENT 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 Y.P.A.). The Court is presented with a petition for protection following reports regarding the five children, X and Y (5 years old), Z (10 years old), A (9 years old), and B (3 ½ years old). [ 1 ] On August 2 nd 2016, The Court of Québec, Youth division, declared that the security or development of X was in danger and ordered that the child be entrusted to his mother, that the child’s parents take an active
part in the application of the measures ordered by the Court and specifically regarding health care and hygiene and that the father take the steps to resolve his violence problem.
The Court allowed the exchange of information between the various health care professionals involved in the care of the child, with regards of the status of his health and development. [ 2 ] Since the decision rendered by the Court, the child remained with his mother and had regular contact with his father. [ 3 ] The mother made significant improvement with regards to responding to her children’s needs and has worked on her impulsivity. [ 4 ] The academic situation regarding children Z and A, was especially difficult, as well as being exposed to the conflicts. [ 5 ] The parents are still separated but are often together for the children.
They had a big argument following the Christmas Holidays. The mother wants the follow up to continue. [ 6 ] The Court concludes that the child’s security and development remain in danger because the child continues to show signs of neglect in terms of physical needs with regard to hygiene and clothing, as well as the psychological abuse due to the conflict between the parents. [ 7 ] The applications, to which the parties consent, are in the best interest of the child, and thus should be granted. FOR THESE REASONS, THE COURT:
GRANTS the present application; EXTENDS the last order; DECLARES that the security and the development of the child remain in danger; ENTRUSTS the child to his mother; ORDERS that a person working for an institution or body provides aid, counselling and assistance to the child and the child’s family for a period of five months; ORDERS that the child’s parents take an active
part in the application of the measures ordered by the Court; ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order. __________________________________ LOUISE GALLANT, J.C.Q. M e Linda Turgeon Attorney for Youth Protection M e Pierre Paradis Attorney for the child Date of hearing: August 22, 2017
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