2021 QCCQ 11160, 2021 QCCQ 11160
Opinion
Protection de la jeunesse — 216154 2021 QCCQ 11160 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 140-41-000604-197 DATE: September 22, 2021 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2006 Adolescent and A and B Parents/Respondents ______________________________________________________________________ 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 ] For the last two years, the adolescent has been entrusted to his grandmother on a full-time basis. The grandmother also takes care of the adolescent’s sisters. [ 2 ] The director of youth protection (DYP) asks the Court to extend and revise a previous judgment and order that the adolescent remain with his grandmother until he comes of age. [ 3 ] Through his counsel’s voice, the adolescent expresses his consent to the application. [ 4 ] The mother is nowhere to be found.
Both the DYP and her own mother ignore how to reach her. She has very little contact with her son, through social media. [ 5 ] The father does not attend the hearing. He has contact with his son, but does not foresee the possibility to live with him and take care of him on a daily basis. [ 6 ] The grandmother states that things are going well at home with her grandson. She is committed to care for him for the next years. The adolescent’s sisters are already entrusted to the grandmother until their majority. [ 7 ] The adolescent cannot rely on either of his parents to answer his needs.
Fortunately, the grandmother is able and willing to do so. It is therefore in the adolescent’s best interest to remain with her. [ 8 ] The evidence convinces the Court that the application is well founded. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 9 ] GRANTS the application for revision and extension of order; [ 10 ] DECLARES that the security and development of X are still considered to be in danger according to
section 38 of the youth protection act ;
[ 11 ] REVISES AND EXTENDS the Court order rendered on November 9, 2020; [ 12 ] ORDERS that the adolescent be entrusted to his maternal grandmother, Ms.
C, until [...], 2024; [ 13 ] ORDERS that contact between the adolescent and his father be determined following agreement between the parties; [ 14 ] ORDERS that contact between the adolescent and his mother be determined following agreement between the parties, including their supervision as long as deemed necessary; [ 15 ] WITHDRAWS from the mother the exercise of her parental authority regarding medical clearance, school authorities, social and other permissions including a driver's licence and a passport application and ALLOWS the maternal grandmother, Ms.
C, to sign in the place of the mother; [ 16 ] ORDERS that the parents and the adolescent actively participate in the measures ordered; [ 17 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the adolescent and his family until [...], 2024 (date of his majority); [ 18 ] ENTRUSTS the situation of the adolescent to the director of youth protection of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment. __________________________________ JANICK POIRIER, J.C.Q.
Me Mylène Pelletier-Rivet for the applicant Me Mylène Murray for the adolescent Ms. A the mother (absent) Mr. B the father (absent) Written judgment filed on September 24, 2021
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