2017 QCCQ 17182, 2017 QCCQ 17182
Opinion
Protection de la jeunesse — 177666 2017 QCCQ 17182 COURT OF QUEBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002038-161 DATE: October 20, 2017 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2010 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A, district A Applicant and A, residing and domiciled in City A, district A Mother and B, residing and domiciled in City A, district A Father ______________________________________________________________________ JUDGMENT (sections 95 of the Youth Protection Act ) ______________________________________________________________________ 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 of the Inuulitsivik C.Y.P.C. (D.Y.P.) asks the Court to review the decision rendered on September 1, 2016 by Honourable Lucille Beauchemin, concerning the situation of X, 7 years old. [ 2 ] The applicant, Mrs. [Social Worker 1], asks that the child remains placed in the foster family of her sister Y until August 31, 2018. [ 3 ] At the hearing, the child is represented by Me Cassandra Neptune.
The absent mother is represented by Me Angèle Tommasel and the father is absent, even if he is well aware of the hearing. As he has quite irregular contact with the child, the Court agrees to proceed in his absence and in such delay. [ 4 ] The evidence of the new facts in support of the recommendations is constituted of the admissions done by the mother, the testimony of the applicant and her revision report. [ 5 ] It is proved that since the last judgment, the child remained under the foster care of her older sister Y and she does very well. The mother has regular contact with the child.
She finished serving time in detention during summer 2016, she was transferred to the half-way house and she is now living in her own supervised apartment in City B. She attended drug treatment therapy when she completed her sentence. [ 6 ] The mother’s situation improved significantly but she is not ready to assume her daughter. The child visited her in City B last June and it went well with the supervision of Y and the help of the mother’s social worker. [ 7 ] The father’s situation remains the same. He still displays drugs and alcohol issues. His house is unfit to receive his children.
He admitted to the social worker that he is unable to take care of the child at the present time. He meets his daughter in the community and he is satisfied with those contacts. He acknowledged that he cannot assume the child and does not know when he will. [ 8 ] The child is doing well at her sister’s place. Y is very supportive to X and so does the school. The present environment is appropriate. [ 9 ] Considering the evidence and the agreement with the measures of the mother and the child; FOR THOSE MOTIVES THE COURT: [ 10 ] GRANTS the motion;
[ 11 ] DECLARES that the security and development of X, born on [...], 2010 are still in danger; [ 12 ] ORDERS the placement of the child in foster family until August 31, 2018; [ 13 ] RECOMMENDS the foster family of Mrs.
C; [ 14 ] ORDERS the D.Y.P. to supervise the contacts between the child and her parents as for the modalities, the duration and the degree of supervision; [ 15 ] ORDERS the D.Y.P. to provide aid, counsel and assistance to the child and her family until August 31, 2018; [ 16 ] ENTRUSTS the situation of the child to the D.Y.P. who shall then see that the measures are carried out. __________________________________ DENYSE LEDUC, J.C.Q. Me Cassandra Neptune Attorney for the child Me Aubrée Coutanson Attorney for the applicant Me Angèle Tommasel Attorney for the mother Date of hearing: August 15, 2017
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