2019 QCCQ 14021, 2019 QCCQ 14021
Opinion
Protection de la jeunesse — 194359 2019 QCCQ 14021 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” N° : 525-41-031968-167 DATE : May 30, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2015 child and A B parents ______________________________________________________________________ JUDGMENT CLOSURE ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified.
Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of
section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on May 30, 2019. [ 2 ] On January 22, 2019, the Tribunal rendered an interim decision entrusting the child to his father’s care.
The Tribunal wanted to be reassured concerning the mother’s renewed commitment to collaborate with the social follow up. [ 3 ] Today, the Director recommends that the file be closed. [ 4 ] The mother is absent, but her lawyer confirms that she would be in agreement with the file’s closure. [ 5 ] The father and the child’s attorney are also in agreement with the Director’s proposal. Question in litigation [ 6 ] Is the child’s security or development still endangered?
Context and Analysis [ 7 ] On April 24, 2019, the Youth Protection worker was informed that the mother had moved to City A with her new boyfriend. [ 8 ] The father reported that he started a new job at [Company A] on May 13, 2019. He participated in twelve sessions of the [Program A]. [ 9 ] The mother did not present herself to the social follow up meeting planned for January 28, 2019. She has not taken steps to meet with the Youth Protection worker. [ 10 ] Despite the mother’s lack of collaboration, the Director is reassured that the father is providing appropriate care for his son.
He prioritizes the child’s needs and has been doing so for a long period of time. The Tribunal believes that the father will continue to do so in the future.
THEREFORE AND FOR THESE REASONS, THE COURT: [ 11 ] DECLARES that the security or the development of the child is not endangered; [ 12 ] ORDERS the closure of the file. ___________________________________ François Ste-Marie, J.C.Q. Written and signed on June 5, 2019 /cd Mtre Georgia Limperis Counsel for the Director of Youth Protection Mtre Karine Leclerc Counsel for the child Mtre Jean-Hervé Thomas Counsel for the mother Date of hearing: May 30, 2019
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