2020 QCCQ 6036, 2020 QCCQ 6036
Opinion
Protection de la jeunesse — 205777 2020 QCCQ 6036 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000617-198 DATE: September 2, 2020 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2011 Child and A and B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 ] In September of last year, the Court orders that the child be entrusted to her grandmother and that protective measures take place for one year. [ 2 ] The director of youth protection (DYP) now asks the Court to extend the application of protective measures for several months, while the child would remain with her maternal grandmother. [ 3 ] The mother agrees with the DYP and does the child’s counsel. [ 4 ] Following the hearing, the Court renders an oral judgment, granting the application.
Here are the reasons supporting that decision. [ 5 ] The mother was incarcerated up until last July. Since then, the mother is on parole, under her parents’ supervision. She lives with her parents and her daughter. She is to attend a six-week treatment at the A centre when it will reopen, in regard to her addiction issues. Afterwards, she will go back living with her parents, since she is under their custody for a total period of six months. [ 6 ] While detained, the mother received psychological counselling on a regular basis.
She agrees to continue a follow-up in order to work on her past traumas. [ 7 ] Moreover, the mother cooperates with the DYP. [ 8 ] The father has contact with the child but does not involve himself in the follow-up provided by the DYP. [ 9 ] The child is happy with her grandparents, even though she missed her mother while the latter was incarcerated. She does not show any behavioural issues. [ 10 ] The child’s best interest is to remain with her grandparents. Hopefully, the mother will keep on working toward the goal of having her daughter back under her care.
She appears to be on a positive path, but time will tell if it goes on that way. The Court hopes it will.
FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 11 ] GRANTS the application for revision and extension of order; [ 12 ] DECLARES that the security and development of X are still considered to be in danger according to
section 38 of the youth protection act ; [ 13 ] REVISES AND EXTENDS the Court order rendered on September 6, 2019; [ 14 ] ORDERS that the child be entrusted to her grandmother, Ms.
C, until March 31, 2021; [ 15 ] ORDERS that contact between the child and her parents be determined following agreement between the parties and AUTHORIZES the DYP to supervise them; [ 16 ] ORDERS that the parents actively participate in the measures ordered to put an end to the situation of endangerment; [ 17 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and her family until March 31, 2021; [ 18 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment. __________________________________ JANICK POIRIER, J.C.Q.
Me Louyse A. Lemieux for the applicant Me Jules Grenier for the child Mrs. A the mother Mr. B the father (absent) Written judgment filed on September 21, 2020
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