2018 QCCQ 12576, 2018 QCCQ 12576
Opinion
Protection de la jeunesse — 183150 2018 QCCQ 12576 JG1900 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No.: 550-41-001975-158 Date: March 27, 2018 ______________________________________________________________________ PRESIDING: THE HONOURABLE LINE GOSSELIN ______________________________________________________________________ [SOCIAL WORKER 1], duly authorized by the Director of Youth Protection Applicant and X Child and A B In their capacity as parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or his or her parents to be identified.
Every person who contravenes this provision is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A .). [ 1 ] On December 11, 2017 , in accordance with s. 95 of the Youth Protection Act , the applicant brought before the Court an application to extend the judgment rendered on December 14, 2016, maintaining X, born on […], 2003, with her parents.
In addition, various other protective measures were ordered and made applicable until December 14, 2017 . [ 2 ] The applicant proposes that the young girl remain with her parents and that various other protective measures be made applicable for one (1) year. [ 3 ] The ground raised concerns the progress made at school by X, who is however awaiting certain services and whose parents need support and help to exercise their parental role. [ 4 ] The parents, who are absent, agree with the conclusions (D-4, en liasse). [ 5 ] Mtre Marie-Christine Fournier was appointed counsel for X (s. 80).
Considering the significant limitations of this fourteen-and- a-half-year-old (14 ½) girl, Mtre Fournier has been legally mandated to act on behalf of her client. [ 6 ] In addition to the documents signed by the parents, the applicant’s report was duly filed and completes the evidence. [ 7 ] From all of the evidence, the undersigned finds mainly that the situation of X has improved somewhat despite her many challenges, in that she is attending school regularly and her personal hygiene is adequate. [ 8 ] Although the parents appear to be taking more action (e.g. glasses), they still need care and support to help them be even more proactive and to properly identify their daughter’s needs. [ 9 ] Luckily, they accept the presence of the applicant in their lives and have developed a positive relationship with her.
It bears saying that Ms. [social worker 1] is very present in their lives as part of her social follow-up care, which is quite appropriate in the situation of X.
[ 10 ] In the circumstances, the undersigned declares that the security and development of X remain in danger and allows certain protective measures that, according to the evidence, suit her needs. [ 11 ] The application is founded in law, is in the interest of X and respects her rights. FOR THESE REASONS, THE COURT: [ 12 ] ALLOWS the application, in part; [ 13 ] DECLARES that the security and development of X remain in danger; [ 14 ] EXTENDS the judgment rendered on December 14, 2016; [ 15 ] ORDERS these protective measures to be implemented until March 27, 2018 :
a) That X be maintained with her parents in their family environment;
b) That a person working for an institution or body provide aid, counselling or assistance to X and her family;
c) That the child's parents take an active
part in the application of the measures ordered; 1. that they cooperate with the person in charge of social follow-up care and the various workers involved with the child, including those at [Body A], the school and those providing her health care;
d) That X receive the health care and services required by her situation, namely, medical and dental care, and follow-up at [Body A];
e) That X attend school regularly, that is, every day school is in session during the school year; [ 16 ] ENTRUSTS the situation of X to the Director of Youth Protection for the enforcement of this decision. __________________________________ Line Gosselin J.C.Q. Mtre Vanessa Chasle, for the Director of Youth Protection Mtre Marie-Christine Fournier, for the girl Date of hearing: Date signed and filed with the registry: March 27, 2018 April 5, 2018 /mr
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