2014 QCCQ 13452, 2014 QCCQ 13452

Protection de la jeunesse — 141983 2014 QCCQ 13452 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001389-110 DATE: March 17, 2014 ______________________________________________________________________ BY THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ SOCIAL WORKER 1, youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in […] Applicant and X, born on […], 2011 Child and A Mother and B Father ______________________________________________________________________ JUDGMENT ( sections 95 ( par. 1) and 75 , Youth Protection Act , CQLR, c.

P-34.1) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing 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.). [ 1 ] The Director of Youth Protection applied, under

section 95 of the Youth Protection Act , [1] for the review of a decision rendered on August 20, 2013 by Nancy McKenna J.C.Q. At that time, X was entrusted to a foster family. [ 2 ] At the hearing, X was represented by Mtre. Joannie Jacob; the mother, A, was assisted by Mtre. Angèle Tommasel; and the father, B, was absent, despite being duly served. Mtre. Robert-André Adam acted on behalf of the petitioner. [ 3 ] The mother admitted all the allegations: Since the last Court order, the child had been placed in foster care, more precisely with his great-grandmother, Ms.

C; The mother is living at the same household; The child X has a fragile health particularly in relation with lung problems; The house of the great-grandmother is very clean and responds to the health and needs of the child; The mother is doing a regular follow-up with the nurse; The mother is properly giving the medication to the child; The great-grandmother supports the mother in fulfilling her parental responsibilities; The parents are not in a relationship anymore and the mother does not intend to go back in a relationship with the father; The mother also admitted that the father was violent towards her;

The mother also stated that she did not want her child witnessing the conjugal violence; The collaboration of the mother with the Director of Youth Protection is regular; [ sic ] [ 4 ] The Youth Protection services filed a revision report. They believe that the mother is able to take care of X, provided she lives with her grandmother, Ms.

C. [ 5 ] All the parties agreed with the measures proposed by Youth Protection. [ 6 ] FOR THESE REASONS, THE COURT: [ 7 ] GRANTS the motion; [ 8 ] REVISES the decision or order rendered on August 20, 2013; [ 9 ] DECLARES that the security and the development of the child continue to be in danger; [ 10 ] ORDERS that X be entrusted to his mother for a period of six months, provided she lives with the great-grandmother, Ms.

C; [ 11 ] ORDERS that aid, counselling and assistance be provided to the child, the mother and the father; [ 12 ] ORDERS that contact between the child and the father be supervised by the Director of Youth Protection as to frequency and terms; [ 13 ] ORDERS that the mother provide X with the necessary health care; [ 14 ] ORDERS that the police cooperate in the execution of this judgment; [ 15 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out. __________________________________ MARC OUIMETTE, J.C.Q. Mtre.

Robert-André Adam Cain Lamarre Casgrain Wells Counsel for the applicant Mtre. Joannie Jacob Centre communautaire juridique A Counsel for the child Mtre. Angèle Tommasel Counsel for the mother Date of hearing: February 5, 2014