2013 QCCQ 12495, 2013 QCCQ 12495
Opinion
Protection de la jeunesse — 133590 2013 QCCQ 12495 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 640-41-001605-135 DATE: July 17, 2013 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 1998 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, […] District A Applicant and A, deceased Mother ______________________________________________________________________ JUDGMENT ( sections 38 and 91 , Youth Protection Act , R.S.Q. , c.
P-34.1) ______________________________________________________________________ [ 1 ] The Court is seized with a petition asking to declare the security and development of X, born on […], 1998, endangered with regard to
section 38
a) of the Youth Protection Act . [ 2 ] At the hearing, the youth is present with her lawyer, Me Yan Massé. Me Gabriel Goudreault represents the petitioner. The mother is deceased and there is no father declared on the youth's birth certificate. [ 3 ] The youth acknowledges all the following allegations : 3.1. The Youth Protection has been involved in her life for many years; 3.2. Her mother was displaying alcohol related problems; 3.3. The youth was displaying behavioural problems; 3.4. On February 18, 2012, her mother passed away; 3.5. Since, the youth lives with her older sister, Mrs Y; 3.6.
She is doing well under the care of her sister; 3.7. Mrs Y is willing to take care of her until her majority. [ 4 ] The sister testifies that her young sister is doing very well and that she respects all the rules at home. She agrees to assume all the responsibilities for her. [ 5 ] A social study is filed. [ 6 ] After the analysis of the evidence and
section 38
a) of the Youth Protection Act , the Court considers that X is not in a situation of abandonment. Her sister takes charge of her since their mother passed away. Instead, the intervention of the Director of Youth Protection should be directed according to
section 70.1 of the Youth Protection Act . [ 7 ] FOR THESE MOTIVES, THE COURT: [ 8 ] DISMISS the petition.
__________________________________ DENYSE LEDUC, J.C.Q. Me Gabriel Gaudreault, attorney for the applicant Me Yan Massé, attorney for the youth Date of hearing: June 11, 2013
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