2014 QCCQ 14220, 2014 QCCQ 14220
Opinion
Protection de la jeunesse — 142312 2014 QCCQ 14220 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 565-41-000112-140 DATE: May 7, 2014 ______________________________________________________________________ BY THE HONOURABLE MARIE PRATTE, J.Q.C. ______________________________________________________________________ [SOCIAL WORKER 1] , person authorized by the Director of Youth Protection Petitioner and X Child and A B In their capacity as parents ______________________________________________________________________ JUDGMENT (sections 38 and 75, 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 Court is seized of a petition under
section 38 of the Youth Protection, intro-duced by the Director of Youth Protection, for the purposes of declaring that the security and the development of X are considered to be in danger for the following reasons: - The child is seriously subjected to behaviour on the part of the child's parents by being exposed to conjugal and domestic violence; - There is a serious risk that the father is not providing for the child's basic needs. [ 2 ] In support of his recommendations, the attorney for the Director of Youth Protection submits a report (D-1) prepared by the declarant Me Émilie De Bellefeuille. [ 3 ] According to the proof, the father is incarcerated for disturbing the peace and public violence.
The mother has a close bond with her child, but she still have to continue her follow-up for drug and alcohol issues and to access an anger management program. [ 4 ] Given the consent of the mother with the social practitioner's recommendations; [ 5 ] THEREFORE THE COURT : [ 6 ] GRANTS the petition; [ 7 ] DECLARES that the security and the development of the child are compromise for the motives alleged in the said petition; [ 8 ] ORDERS that X be entrusted to the mother and that the child's parents report periodically to the Director on the measures they apply in their own regard or in their child's regard to put an end to the situation in which the security or development of the child is in danger; [ 9 ] ORDERS that the visits between the child and the father be supervised until deem necessary and accordingly to the modalities established by the delegate of the Director of Youth Protection; [ 10 ] ORDERS that CJOFNS/KZHSS provide aid, counsel and assistance to the child and the family for a period of one year;
[ 11 ] RECOMMENDS that the father receive specialized services to help him with is anger management; [ 12 ] RECOMMENDS that the father be evaluated for drug and alcohol issues; [ 13 ] RECOMMENDS that the mother continue her follow-up for drug and alcohol issues, and that she seek professional services to help her with anger management and violence issues; [ 14 ] RECOMMENDS that the father receive professional services for mental health issues; [ 15 ] ENTRUSTS the situation of the child to the Director of Youth Protection who shall then see that the measures are carried out. __________________________________ MARIE PRATTE, J.Q.C.
Mtre. Émilie De Bellefeuille Counsel for the Director of Youth Protection Mtre. André Gauthier Counsel for the child A Mother - Representing herself Date of hearing: May 7, 2014
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