2019 QCCQ 16745, 2019 QCCQ 16745
Opinion
Protection de la jeunesse — 195337 2019 QCCQ 16745 JO0374 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] Youth Division No: 525-41-032426-173 DATE : June 21, 2019 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X Born […], 2003 Director of Youth Protection A Applicant A Mother ______________________________________________________________________ JUDGMENT (Section 95, Y.P.A.) ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act, no person may publish or broadcast information allowing 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 (Y.P.A. sections 11.2.2 and 135). [ 1 ] The Director is asking the Court to extend the order rendered on May 17, 2018, entrusting the adolescent to his mother along with a social follow-up and other protective measures until June 30, 2019. [ 2 ] The Director alleges that the family situation requires continued monitoring and support, considering the mother’s and the adolescent’s mental health issues. [ 3 ] Consequently, the Director asks for a one year extension of the measures, comprised essentially of a social follow-up and ongoing psychiatric services. [ 4 ] The parties admit the allegations and consent to the measures proposed.
To that effect, a document signed by all the parties acknowledging the situation as alleged by the Director and expressing their consent to the extension order is filed into the record. The Situation [ 5 ] Over the course of the previous order, the mother has relied heavily on the Director’s assistance to ensure that her son attends school regularly and that he complies with the advice of medical professionals. She has also requested assistance for financial struggles. [ 6 ] As a result of the worker’s close monitoring, the adolescent’s personal situation has evolved positively on the whole.
He is attending school and is no longer dealing with suicidal ideations. Nevertheless, the mother has struggled with managing the dosage of her son’s medication for depression, resulting in a temporary decline in his school attendance. The social worker’s involvement was required to correct the situation. [ 7 ] In addition, the social worker’s intervention was called upon to assist in managing an incident with a neighbour. Despite his verbally abusive tendencies and drug issues, the mother allowed the neighbour to visit the home on a regular basis, causing the adolescent to fear for his safety.
Once the situation was disclosed, the social worker established a plan with the family to prevent a recurrence of the situation. [ 8 ] The Court agrees with the author of the court report that, despite the overall gains, the mother continues to struggle with her parenting responsibilities and the adolescent’s personal situation remains fragile. His mental health needs require a firm approach and a diligent follow-up. [ 9 ] For these reasons, the extension of the social follow-up is required to ensure proper monitoring and additional support. [ 10 ] THEREFORE, THE COURT:
[ 11 ] GRANTS the motion; [ 12 ] DECLARES that the security and development of the adolescent are still compromised; [ 13 ] ORDERS that the adolescent remain entrusted to the care of his mother; [ 14 ] ORDERS that the adolescent continue to take his prescribed medication for depression while continuing to follow the recommendation of the psychiatrist and doctor; [ 15 ] ORDERS that the mother continue to take her medication while addressing her mental health issues and follow through with the recommendations of the involved professionals; [ 16 ] AUTHORIZES the Director to receive information from the treating professionals involved with the youth and his family; [ 17 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the adolescent and his family; [ 18 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 19 ] THE WHOLE for a period of one year.
SIGNED IN TOWN A On July 2, 2019 __________________________________ KAREN OHAYON, J.C.Q. Justine Chaput Attorney for the D.Y.P. Me Sonia Harvey Attorney for the adolescent Me Josée Lefebvre Attorney for the mother Date of hearing: June 21, 2019 KO/lf
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