2018 QCCQ 13083, 2018 QCCQ 13083
Opinion
Protection de la jeunesse — 183415 2018 QCCQ 13083 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 614-41-000268-179 DATE: June 21, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2005 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A Applicant and A, residing and domiciled in […] Mother and B, residing and domiciled in […] Father ______________________________________________________________________ JUDGMENT (Section 95 Y.P.A., R.S.Q. c.
P-34.1 ) ______________________________________________________________________ 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 ] The Director of Youth Protection A submits to the Court a motion in revision of the judgment rendered by Judge Lucille Beauchemin on January 10, 2018 concerning the youth X, born on [...], 2005. [ 2 ] The child was then entrusted for one year to Mrs C.
Now, the applicant recommends her placement in a foster family until January 10, 2019. [ 3 ] For the present hearing, the youth is represented by Me Marie-Josée Ayoub and the absent parents by Me Michel Grenier. Me Camille Champeval acts for the applicant. [ 4 ] A revision report and reports from the psychotherapist are filed. [ 5 ] The youth admits all the allegations and agrees with the measures. The parents agree also with the measures. [ 6 ] On April 2, 2018, the youth was removed from the care of her aunt Mrs C under immediate protective measures.
There was a breakdown in the relationship between the youth and her aunt. They did not want to pursue their living arrangements as it was previously ordered. [ 7 ] Following the parents’ visit in mid-March 2018 for her birthday, the youth started acting out. She blamed her paternal aunt and the Director of Youth Protection for not being with her parents. The youth was upset and unable to control her anger. She hit her aunt on the back on April 1, and the aunt chose to let her go. [ 8 ] The situation of the parents is the same.
They did not take any steps to fix their issues, they consume alcohol and drugs and have marital violence problems. They visited their child only once since the last hearing. They did not meet the social worker. [ 9 ] They are still unable to assume their child. [ 10 ] The youth started to meet with a psychotherapist and opened up a little. She agrees to meet her regularly. [ 11 ] Considering the evidence, THE COURT: [ 12 ] GRANTS the motion;
[ 13 ] DECLARES that the security and development of X are still in endangered; [ 14 ] ORDERS the placement of X in a foster home until January 10, 2019; [ 15 ] ORDERS the Director of Youth Protection to supervise the contacts between the parents and the youth as for the modalities, the frequency and the presence of a third party if required; [ 16 ] ORDERS that the parents be sober in the presence of the child and refrain from any violent behaviour; [ 17 ] ORDERS that the parents do not expose the youth to anyone under the influence of drugs or alcohol; [ 18 ] RECOMMENDS that the parents complete a substance abuse treatment program in a recognized treatment facility and follow all the recommendations; [ 19 ] RECOMMENDS that the parents seek help from social services concerning their conjugal problems; [ 20 ] RECOMMENDS that the parents give their child a healthy home environment by repairing the physical space; [ 21 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 22 ] ORDERS that the parents take an active
part in the application of the measures ordered by the Court and cooperate fully with the Director of Youth Protection; [ 23 ] AUTHORIZES the Director of Youth Protection to access the information regarding the parents’ presence at appointments with professionals and their level of involvement in the services provided; [ 24 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the youth and her family until January 10, 2019; [ 25 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.
Me Camille Champeval Attorney for the applicant Me Michel Grenier Attorney for the parents Me Marie-Josée Ayoub Attorney for the youth Date of hearing: May 23, 2018
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