2013 QCCQ 17528, 2013 QCCQ 17528
Opinion
Protection de la jeunesse — 136049 2013 QCCQ 17528 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000314-093 DATE: October 24, 2013 ______________________________________________________________________ BY THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A , working in City A Applicant and X, born on [...], 2005 Child and A Mother and B Father ______________________________________________________________________ JUDGMENT (sections 95 (1st para.) and 75, Youth Protection Act , R.S.Q. c.
P-34.1) ______________________________________________________________________ [ 1 ] The Director of Youth Protection applied for the review of a decision rendered on February 12, 2013 by Jacques R. Roy J. At that time, X was entrusted to his mother, Mrs. A. [ 2 ] At the hearing, X was assisted by Mtre. Marie-Claude De Gagné, the mother by Mtre. Myriame Gaudreault and the father by Mtre. Robert Jr Poirier. Mtre.
Gabriel Gaudreault acted on behalf of the petitioner. [ 3 ] Recently, the father wanted to be involved in his child’s life. [ 4 ] The mother admitted that she still displays alcohol related problems and that, on March 18, 2013, the police had to intervene, as she was intoxicated in the presence of the child. [ 5 ] Youth Protection entrusted the child for the night to his maternal grandmother.
Intoxicated, the mother went back to her boyfriend’s house the same night with her son. [ 6 ] The police had to intervene a second time, and the mother uttered death threats towards the police officers. [ 7 ] On March 21, 2013, the mother called Youth Protection and she asked them to entrust her child to her boyfriend, Mr. C, until her release from detention. [ 8 ] On March 30, 2013, the mother informed the Youth Protection worker that she was sentenced to seven months of detention. [ 9 ] The Court heard Mrs. [Social Worker 1], social worker in City A. She filed a revision report and a complementary report.
She recommended that X be entrusted to his maternal grandparents for a period of six months. The mother should remain in detention until October 2013. [ 10 ] All the parties agreed with the measures proposed by Youth Protection. [ 11 ] It is in the best interest of X that he be entrusted to his grandparents. [ 12 ] FOR THESE REASONS, THE COURT: [ 13 ] GRANTS the motion;
[ 14 ] REVISES the decision rendered on February 12, 2013 by Jacques R. Roy J.; [ 15 ] DECLARES that the security and the development of the child continue to be in danger; [ 16 ] ORDERS that the child be entrusted to his maternal grandparents for a period of six months; [ 17 ] ORDERS that X continue to attend school on a daily basis; [ 18 ] ORDERS that Mrs. A and her family continue to cooperate with the Director of Youth Protection; [ 19 ] ORDERS that Mrs.
A continue to receive help and support regarding her addiction issues; [ 20 ] ORDERS that the frequency and terms of contact between the child and his father be determined by the Director of Youth Protection; [ 21 ] ORDERS that the child, the child’s parents and the maternal grandparents receive aid, counselling and assistance for a period of six months; [ 22 ] ORDERS that the child’s parents and maternal grandparents provide an alcohol free environment to the child; [ 23 ] ORDERS that the police cooperate in the execution of this judgment; [ 24 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection A, who shall then see that the measures are carried out. __________________________________ MARC OUIMETTE, J.C.Q.
Mtre. Gabriel Gaudreault Cain Lamarre Casgrain Wells Counsel for the applicant Mtre. Marie-Claude De Gagné Counsel for the child Mtre. Myriame Gaudreault Bureau d’aide juridique A Counsel for the mother Mtre. Robert Jr Poirier Counsel for the father Date of hearing: August 28, 2013
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