2019 QCCQ 11142, 2019 QCCQ 11142
Opinion
Protection de la jeunesse — 192030 2019 QCCQ 11142 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No.: 635-41-000600-145 DATE: February 28, 2019 ______________________________________________________________________ PRESIDING: THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and X, born on [...], 2004 Youth and A Mother and B Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR REVIEW (Sections 95 (para. 1) and 75, Youth Protection Act , CQLR, c.
P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified. Every person who contravenes this provision commits an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection applied for the review of a decision under s. 95 of the Youth Protection Act , [1] rendered on March 2, 2017, by the Honourable Jean Gravel, J.C.Q.
At that time, he declared that the security and development of X, born on [...], 2004, were still in danger and entrusted her to a foster family until August 21, 2022. [ 2 ] At the hearing, the youth and the mother were present and were assisted by counsel. The father was not present, but was represented by the mother’s counsel. [ 3 ] These facts were admitted. [ 4 ] The youth remained under the care of Ms. C in Town A following the last Court hearing. Youth Protection, however, was informed that Ms.
C left Region A without notifying the Director. [ 5 ] Since the foster mother left, the youth has been living with the mother and is doing well. She is attending school on a regular basis and is getting good grades. [ 6 ] The mother’s situation has improved as she has drastically reduced her alcohol consumption and her cooperation with Youth Protection is regular. [ 7 ] The parents and the youth agree to the measures proposed by the Director of Youth Protection.
FOR THESE REASONS, THE COURT: [ 8 ] GRANTS this application; [ 9 ] REVIEWS the decision or order rendered on March 2, 2017; [ 10 ] DECLARES that the security and development of X, born on [...], 2004, is still in danger; [ 11 ] ORDERS that the youth remain with the parents; [ 12 ] ORDERS the youth and the youth’s parents to report in person, at regular intervals, to the Director to inform him of the current situation; [ 13 ] ORDERS that the youth receive specific health care and health services, including psychological treatment, if deemed
necessary; [ 14 ] ORDERS the youth’s parents to take an active
part in the application of any measures ordered by the Court; [ 15 ] ORDERS that the youth and the family receive the services of an external educator; [ 16 ] ORDERS the parents to refrain from consuming alcohol in the presence of the youth; [ 17 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and the youth’s family; [ 18 ] ORDERS the police to cooperate in the execution of this judgment; [ 19 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out.
THE WHOLE UNTIL JUNE 7, 2019. __________________________________ MARC OUIMETTE, J.C.Q. Mtre Geneviève Apollon Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Ivan Lazarov Poupart & Poupart avocats inc. Counsel for the youth Mtre Isabelle Martineau Centre communautaire juridique A Counsel for the parents Date of hearing: February 28, 2019
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