2020 QCCQ 7424, 2020 QCCQ 7424
Opinion
Protection de la jeunesse — 206507 2020 QCCQ 7424 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 505-41-009988-207 DATE: July 15, 2020 ______________________________________________________________________ BY THE HONOURABLE CHRISTEL D’AUTEUIL-JOBIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection A Applicant -and- X , born on [...], 2006 Adolescent -and- A Mother -and- B Father ______________________________________________________________________ JUDGMENT Section 95 (1) of the Youth Protection Act ______________________________________________________________________ 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 (the Director) petitions the Court with an Application for a partial revision of a Court Decision, according to section 95 (1) of the Youth Protection Act , in the matter of the adolescent X, born on [...], 2006. [ 2 ] The hearing of this application is held jointly with the application of Y, born on [...], 2004. [ 3 ] The Director alleges that the situation of the adolescent necessitates the partial revision of the Court Order rendered on May 23, 2011, for the reasons outlined in paragraph 4 of the Application. [ 4 ] The Director recommends, as key measures, that the adolescent remains in her foster family with a follow-up until her majority on [...], 2022.
Situation and Analysis [ 5 ] The adolescents continue to evolve positively in their foster family since the last Court order. [ 6 ] Both teenagers benefit from regular supervised contacts with their parents, namely: ➢ Prior to September 2019, the Director supervises the contacts with the parents for a period of one (1) hour thirty (30) minutes; ➢ Since September 2019, the contacts with the father are supervised by his spouse for a period of three (3) hours; ➢ Since September 2019, the contacts with the mother are supervised by the maternal grandparents for a period of three (3) hours; ➢ Since January 2020, the contacts with both parents are increased to four (4) hours; [ 7 ] The visits are positive and the adolescents ask for the lifting of the supervision concerning their father. [ 8 ] Concerning the visits with the mother, the teenagers demand that they continue to be in the presence of a third party, more specifically in the presence of the maternal grandfather and at his home. [ 9 ] The teenagers also benefit from regular contacts once every two (2) months with their maternal grandparents.
Since these contacts are positive and unsupervised, the Director is not seeking for a specific conclusion concerning the grandparents.
[ 10 ] All parties agree to the conclusions proposed by the Director.
FOR THESE REASONS, THE COURT: [1] GRANTS the application ; [2] DECLARES that the security and the development of the adolescent X are still in danger ; [3] REVISES partially the Court order rendered on March 23, 2011 ; [4] ORDERS that the adolescent be entrusted to a foster family chosen by the Director of Youth Protection A ; [5] ORDERS that the contacts between the adolescent and her father be following agreement between the parties ; [6] ORDERS that the contacts between the adolescent and her mother be following agreement between the parties and in the presence of a third party chosen by the Director ; [7] AUTHORIZES lifting the supervision of the contacts between the adolescent and her mother following agreement between the parties ; [8] MAINTAINS all other conclusions rendered on March 23, 2011, not inconsistent with the judgment except for the conclusion concerning the contacts between the adolescent and her grandparents ; [9] ENTRUSTS the situation of the adolescent X to the Director of Youth Protection A for the execution of the present judgment ; [10] THE WHOLE until the majority of the adolescent on [...], 2024. __________________________________ CHRISTEL D’AUTEUIL-JOBIN, J.C.Q.
M e Véronique Crête Attorney for the D.Y.P. M e Rosalie Duval Attorney for the adolescent Date of hearing: July 15, 2020 Date of the signature: September 10, 2020
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