2020 QCCQ 7296, 2020 QCCQ 7296
Opinion
Protection de la jeunesse — 206127 2020 QCCQ 7296 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 640-41-001875-142 DATE: February 28 th 2020 ______________________________________________________________________ PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on [...] 2005 Adolescent [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A Applicant and A Mother and B (deceased) Father ______________________________________________________________________ JUDGMENT (
Section 95 Youth Protection Act , R.S.Q. c. P-34.1 ) ______________________________________________________________________ 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.). [ 1 ] The Director of Youth Protection (the “Director”) asks the Court to review the decisions made on August 22 nd 2019 concerning the adolescent, X. [ 2 ] The adolescent and the mother are present in Court.
They both admit most of the alleged facts and accept the proposed measures. [ 3 ] The adolescent has been in placement in foster care for a long time. She is now 14 years old. [ 4 ] The mother went through a lot of traumatic events in the last years (alcohol problems, physical assaults, husband’s death, murder in the household, her son Y’s suicide). [ 5 ] The mother already had problems with alcohol abuse and going through these events only worsened her alcohol intake. [ 6 ] The mother has reduced significantly her alcohol consumption.
She accepts the help suggested by the Director. [ 7 ] Frequent contacts between mother and child were organized and went well. The mother and the adolescent are motivated to be reunited. [ 8 ] The adolescent did well with her foster family. This family will continue to be available if necessary. [ 9 ] The adolescent does well in school and has shown a good attitude and behaviour in all aspects of her life. FOR ALL THESE REASONS, THE COURT: [ 10 ] GRANTS the application; [ 11 ] DECLARES that the security and development of the adolescent, X, are still in danger;
[ 12 ] REVISES the decision rendered on August 22 nd , 2019; [ 13 ] ORDERS that the adolescent be entrusted to the mother; [ 14 ] ORDERS that the mother and the adolescent report periodically to the Director of Youth Protection on the measures they apply in their own regard or in the adolescent’s regard to put an end to the situation of compromission; [ 15 ] ORDERS that the adolescent and the mother take an active
part in the application of the measures; [ 16 ] ORDERS that the adolescent and the mother report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 17 ] ORDERS that the adolescent and the family receive the services of an external educator for the period deemed necessary by the professionals; [ 18 ] ORDERS that the mother remain sober and without any violent behaviour in the presence of the adolescent; [ 19 ] ORDERS that the mother seek help through social services concerning her alcohol and personal issues; [ 20 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the adolescent and the family; [ 21 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection for the execution of the measures; [ 22 ] THE WHOLE until February 28 th 2021. __________________________________ JEAN GRAVEL, J.Q.C.
Mtre Adele Cyr, Attorney for the applicant Mtre Laurence Migue, Attorney for the adolescent Mtre Angele Tommasel, Attorney for the mother
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