2018 QCCQ 17875, 2018 QCCQ 17875
Opinion
Protection de la jeunesse — 187681 2018 QCCQ 17875 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division File number : 140-41-000548-188 DATE : September 18, 2018 ______________________________________________________________________ BY THE HONOURABLE DENIS PARADIS, C.Q. ______________________________________________________________________ FOR THE DIRECTOR OF YOUTH PROTECTION , [Social Worker 1], Petitioner -and- X born on [...], 2018 Child -and- A, B, Parents ______________________________________________________________________ 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.). [ 1 ] The director of youth protection asks this Court to review and extend an order rendered on may 14 th 2018, concerning the child X, born on [...], 2018. He suggests to entrust the child at his maternal grandfather, Mr. C. [ 2 ] At the hearing, the parents, Mrs. A and Mr. B are presents. Only Mrs. A is represented by a lawyer. Counsel Murray, from the legal aid, represented the child’s interests. [ 3 ] All the parties agree with the submissions made by the petitioner.
Also, they consent to file the exhibits D-5 to D-10, to be worth the testimonies of their author. THE EVIDENCE [ 4 ] X has not still a year old. The parents cannot take care of their child. The allegations at the motion talk by themselves. The psychosocial report and the psychological evaluation of Mrs. A give a complete picture of the situation. [ 5 ] Mrs. [Social Worker 1], author of the psychosocial report, testifies that Mrs. A and Mr. B wish X to be adopted.
So, the steps in this way are undertaken. [ 6 ] In these circumstances, that’s clear that security and development of X are considered to be in danger. [ 7 ] The whole evidence, the consents of the parties, the admissions and the child’s interest, lead the Court to grant the motion. WHEREFORE, THE COURT : [ 8 ] GRANTS the petition for revision and extension of order; [ 9 ] DECLARES that the security and development of X are still considered to be in danger according to
section 38 of the youth protection act ; [ 10 ] ORDERS that X be entrusted to his maternal grandfather, Mr. C, until March 30 th , 2019;
[ 11 ] PROHIBITS the mother to use any form of violence in front of the child; [ 12 ] ORDERS the parents to be sober in the presence of the child; [ 13 ] ORDERS that contacts between the parents and the child be determined by agreement between the parties and that they be supervised by the Director of Youth Protection, as deemed necessary; [ 14 ] WITHDRAWS the attributes of parental authority from the parents concerning medical, school, social authorizations and other authorizations, including a passport application and AUTHORIZES the Director of Youth Protection so sign in place of parents; [ 15 ] ORDERS that a person working for an organization or institution provides aid, counsels and assistance to the child and his family until March 30 th , 2019, if they request it; [ 16 ] ENTRUSTS the situation of the child to the Director of Youth Protection of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment. __________________________________ DENIS PARADIS, J.C.Q.
Me Myriam Dufresne for the petitioner Me Mylène Murray for the child Me Marlène Ferguson for the mother Mr. B the father Date of hearing: September 18, 2018
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